Contracting Parties
Desiring to improve the international transport of goods Taking into account the need to facilitate the passage of goods across borders, Noting that the control measures implemented at the boundaries of different control services, Recognizing that the conditions of these types of control can be largely agreed upon without compromising their objectives, their proper implementation and without compromising their effectiveness,
Convinced that the coordination of conditions for border control is one important means to achieve these goals,
agreed as follows: Chapter I. Terms Article 1. Definition
In accordance with this Convention:
a) "Customs" means the public service, which is responsible for ensuring compliance with customs laws and collection of import and export duties and taxes, as well as the application of other laws and regulations concerning, among other things, the importation, exportation and transit of goods;
b) "customs control" means measures applied to ensure compliance with laws and regulations for compliance are the responsibility of customs;
c) under the "health inspection" means the control exercised in order to protect life and health, except for veterinary control;
d) "veterinary inspection" means the sanitary control exercised in respect of animals and animal products in order to protect life and health of humans and animals, as well as control items or goods that may carry animal diseases;
e) "pest control" means the inspection intended to prevent the spread and across national boundaries of pests of plants and plant products;
f) under the "supervision of compliance with technical standards" means the inspection to ensure that goods minimum requirements of international or national standards specified by relevant laws and regulations;
g) "Quality control" means any control other than those referred to above and implemented to ensure conformity of goods with minimum international or national indicators of quality specified by relevant laws and regulations;
h) under the "control service" means any service which is charged with the duty to exercise some or all of the controls, as defined above, or any other controls, which are regularly subjected to import, export or transit. Article 2. The purpose of the Convention
To facilitate the international carriage of goods, this Convention is intended to reduce the requirements for completing formalities as well as the types and duration of controls, in particular by national and international coordination of control procedures and methods of their application. Article 3. Scope
1. This Convention applies to all goods crossing the importation, exportation or transit of one or more maritime, air or land borders.
2. This Convention shall apply to all monitoring services of the Contracting Parties. Chapter II. Harmonization Article 4. Coordination of controls
The Contracting Parties undertake as far as possible to organize a coherent work of customs and other control services. Article 5. Funds available to service
To ensure the proper functioning of controls Contracting Parties shall ensure that these services were to the extent possible and within the framework of national legislation at its disposal:
a) qualified personnel in sufficient numbers to meet the needs of transport;
b) equipment and devices necessary for inspection, taking into account the mode of transport and goods subject to control, and traffic requirements;
c) official instructions to officers so that they act in accordance with international treaties and agreements, as well as in accordance with applicable national regulations. Article 6. International cooperation
The Contracting Parties undertake to cooperate with each other and resort to the necessary cooperation with the competent international bodies to achieve the purposes of this Convention, as well as to seek to conclude, where necessary, new multilateral or bilateral treaties or agreements. Article 7. Cooperation between neighboring countries
In all cases, crossing the common land boundary Contracting Parties concerned shall, wherever possible, appropriate measures to facilitate the passage of goods, in particular:
a) They are making every effort to organize the joint control of goods and documents through shared facilities;
b) they are making every effort to ensure that were similar:
hours of frontier posts,
control services, which operate in these positions,
categories of goods, means of transport and international Customs transit system, which may be taken or used in those countries. Article 8. Communication
The Contracting Parties shall exchange upon request information necessary for the application of this Convention in accordance with the conditions specified in the annexes. Article 9. Documentation
1. The Contracting Parties shall endeavor to use in dealing with each other and with competent international bodies, of documents in accordance with the model-form the United Nations.
2. The Contracting Parties shall accept documents produced by any appropriate technical process, provided that they comply with official regulations in respect of their form, authenticity and certification, and provided that they are legible and understandable.
3. The Contracting Parties shall ensure that the necessary documents are prepared and certified in full compliance with relevant laws. Chapter III. Provisions relating to transit Article 10. Goods in transit
1. The Contracting Parties shall, to the extent possible, simple and speedy treatment for goods in transit, in particular goods which are transported in accordance with a system of international customs transit procedure, by limiting their inspections to cases where it is warranted by the actual circumstances or risks. In addition, they take into account the situation of countries that are not landlocked. They make every effort to provide an extension of time for which extradition may be made to pay customs duty of goods carried in accordance with a system of international customs transit, and expansion of the competence of existing customs in this area.
2. They make every effort to maximize the ease of transit of goods transported in containers or other packaging means to ensure adequate security. Chapter IV. Miscellaneous provisions Article 11. Public order
1. Nothing in this Convention shall prevent the imposition of bans or restrictions on the import, export or transit, for reasons of public order and, in particular, public safety, morality and health, or for environmental protection, cultural heritage or industrial, commercial and intellectual property.
2. Nevertheless, Contracting Parties shall strive to apply to the types of controls relating to the application of the measures referred to in paragraph 1 above, where possible without compromising the effectiveness of such controls provisions of this Convention, in particular the provisions of Articles 6 - 9. Article 12. Emergency measures
1. Emergency measures that Contracting Parties may be forced to enter because of special circumstances, must comply with underlying reasons for their introduction, and their implementation should be suspended or abrogated when these reasons.
2. In all cases where this does not prejudice the effectiveness of these measures, the Contracting Parties shall publish the relevant provisions for such measures. Article 13. Applications
1. Annexes to this Convention form an integral part of this Convention.
2. New applications relating to other types of control can be included in the present Convention in accordance with the procedures prescribed in Articles 22 or 24 below. Article 14. Relation to other agreements
Without prejudice to the provisions of Article 6 of this Convention shall affect the rights and obligations arising from treaties which the Contracting Parties to the Convention concluded before becoming Contracting Parties to the Convention. Article 15
This Convention shall not preclude the application of greater facilities which two or more Contracting Parties may wish to grant each other, and does not infringe the rights of regional organizations for economic integration, referred to in Article 16, which are Contracting Parties to take their legislation to the controls at their internal borders provided that in no way reduces the amount of benefits arising from this Convention. Article 16. Signature, ratification, acceptance, approval and accession
1. This Convention, which shall be deposited with the Secretary General of the United Nations is open to all States and regional organizations in the field of economic integration, constituted by sovereign States which are competent in respect of the negotiation, conclusion and application of international agreements relating to matters provided for in this Convention .
2. With regard to matters within their competence, regional organizations for economic integration organizations referred to in paragraph 1, may on its own behalf to exercise rights and fulfill the obligations imposed by this Convention for the Member States which are Contracting Parties to this Convention. In these cases, the Member States of such organizations can not independently exercise those rights, including the right to vote.
3. State and the aforementioned regional organizations in the field of economic integration may become Contracting Parties to this Convention:
a) by depositing its instrument of ratification, acceptance or approval after signing it, or
b) by depositing its instrument of accession.
4. The present Convention shall be open for signature by all States and referred to in paragraph 1 of the regional organizations in the field of economic integration in the United Nations Office at Geneva from 1 April 1983 to March 31, 1984, inclusive.
5. From 1 April 1983 it will also be open for accession.
6. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary General of the United Nations. Article 17. Entry into force
1. This Convention shall enter into force three months after the date on which five States have deposited their instruments of ratification, acceptance, approval or accession.
2. When five States have deposited their instruments of ratification, acceptance, approval or accession, this Convention enters into force for further Contracting Parties three months after the date of deposit of its instrument of ratification, acceptance, approval or accession.
3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of any amendments to this Convention shall be deemed to apply to the modified text of this Convention after the entry into force of this amendment. Article 18. Denunciation
1. Each Contracting Party may denounce this Convention by notification addressed to the Secretary General of the United Nations.
2. Denunciation shall take effect six months after the date of receipt of the Secretary General of the notification. Article 19. Termination
If, after the entry into force of this Convention, the number of States which are Contracting Parties, be less than five for any period comprising twelve consecutive months, after the above-mentioned period of twelve months, this Convention shall cease to have effect. Article 20. Dispute Resolution
1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall be settled by negotiation between them or other means of settlement.
2. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which can not be settled by the means provided for in paragraph 1 of this Article shall, at the request of one of their arbitration tribunal composed as follows: each Party to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator, who shall be chairman. If after three months from the date of receipt of the request is one of the parties fails to appoint an arbitrator or arbitrators are unable to elect a president, either party may apply to the Secretary-General of the United Nations to appoint an arbitrator or the chairman of the tribunal.
3. The decision of the arbitral tribunal appointed in accordance with the provisions of paragraph 2, shall be final and binding upon the Parties to the dispute.
4. The arbitral tribunal shall determine its own rules of procedure.
5. The arbitral tribunal shall take its decisions by majority vote on the basis of treaties existing between the parties to the dispute, and general international law.
6. Any controversy which may arise between the Parties to the dispute concerning the interpretation and execution of the award may be submitted by any of the Parties to the arbitral tribunal which rendered it.
7. Each Party to the dispute shall bear the costs of using the services of an arbitrator appointed by it and its representatives in arbitration, the costs of the chairman, and other expenses of the Parties to the dispute shall be borne in equal parts. Article 21. Reservations
1. Any Contracting Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by paragraphs 2 - 7 of Article 20 of this Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has made such a reservation.
2. Any Contracting Party which has made a reservation in accordance with paragraph 1 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.
3. With the exception of the reservations provided for in paragraph 1 of this Article, no reservations to this Convention. Article 22. Procedure for amending the present Convention
1. Amendments to this Convention, including the annexes thereto, may be amended upon the proposal of the Contracting Parties in accordance with the procedure laid down in this article.
2. Any proposed amendment to this Convention shall be considered by the Administrative Committee, composed of all Contracting Parties, in accordance with the rules of procedure set out in Annex 7. Any such amendment considered or prepared during the session of the Governing Committee and approved by them, sent Secretary-General United Nations, the Contracting Parties for acceptance.
3. Any proposed amendment communicated in accordance with the preceding paragraph shall enter into force for all Contracting Parties three months after the expiration of twelve months after the date of communication of the proposed amendment, if within this period, the Secretary-General of the United Nations has not received from any State, a Contracting Party or of a regional organization for economic integration, which is a Contracting Party and acting in accordance with the conditions specified in paragraph 2 of Article 16 of this Convention, any objection to the proposed amendment.
4. If an objection to the proposed amendment submitted in accordance with the provisions of paragraph 3 of this Article, the amendment is accepted and in connection with the no action. Article 23. Queries, reports and objections
The Secretary-General of the United Nations shall inform all the Contracting Parties and all States to all requests, messages or objections made in accordance with Article 22 and of the date of entry into force of each amendment.
Desiring to improve the international transport of goods Taking into account the need to facilitate the passage of goods across borders, Noting that the control measures implemented at the boundaries of different control services, Recognizing that the conditions of these types of control can be largely agreed upon without compromising their objectives, their proper implementation and without compromising their effectiveness,
Convinced that the coordination of conditions for border control is one important means to achieve these goals,
agreed as follows: Chapter I. Terms Article 1. Definition
In accordance with this Convention:
a) "Customs" means the public service, which is responsible for ensuring compliance with customs laws and collection of import and export duties and taxes, as well as the application of other laws and regulations concerning, among other things, the importation, exportation and transit of goods;
b) "customs control" means measures applied to ensure compliance with laws and regulations for compliance are the responsibility of customs;
c) under the "health inspection" means the control exercised in order to protect life and health, except for veterinary control;
d) "veterinary inspection" means the sanitary control exercised in respect of animals and animal products in order to protect life and health of humans and animals, as well as control items or goods that may carry animal diseases;
e) "pest control" means the inspection intended to prevent the spread and across national boundaries of pests of plants and plant products;
f) under the "supervision of compliance with technical standards" means the inspection to ensure that goods minimum requirements of international or national standards specified by relevant laws and regulations;
g) "Quality control" means any control other than those referred to above and implemented to ensure conformity of goods with minimum international or national indicators of quality specified by relevant laws and regulations;
h) under the "control service" means any service which is charged with the duty to exercise some or all of the controls, as defined above, or any other controls, which are regularly subjected to import, export or transit. Article 2. The purpose of the Convention
To facilitate the international carriage of goods, this Convention is intended to reduce the requirements for completing formalities as well as the types and duration of controls, in particular by national and international coordination of control procedures and methods of their application. Article 3. Scope
1. This Convention applies to all goods crossing the importation, exportation or transit of one or more maritime, air or land borders.
2. This Convention shall apply to all monitoring services of the Contracting Parties. Chapter II. Harmonization Article 4. Coordination of controls
The Contracting Parties undertake as far as possible to organize a coherent work of customs and other control services. Article 5. Funds available to service
To ensure the proper functioning of controls Contracting Parties shall ensure that these services were to the extent possible and within the framework of national legislation at its disposal:
a) qualified personnel in sufficient numbers to meet the needs of transport;
b) equipment and devices necessary for inspection, taking into account the mode of transport and goods subject to control, and traffic requirements;
c) official instructions to officers so that they act in accordance with international treaties and agreements, as well as in accordance with applicable national regulations. Article 6. International cooperation
The Contracting Parties undertake to cooperate with each other and resort to the necessary cooperation with the competent international bodies to achieve the purposes of this Convention, as well as to seek to conclude, where necessary, new multilateral or bilateral treaties or agreements. Article 7. Cooperation between neighboring countries
In all cases, crossing the common land boundary Contracting Parties concerned shall, wherever possible, appropriate measures to facilitate the passage of goods, in particular:
a) They are making every effort to organize the joint control of goods and documents through shared facilities;
b) they are making every effort to ensure that were similar:
hours of frontier posts,
control services, which operate in these positions,
categories of goods, means of transport and international Customs transit system, which may be taken or used in those countries. Article 8. Communication
The Contracting Parties shall exchange upon request information necessary for the application of this Convention in accordance with the conditions specified in the annexes. Article 9. Documentation
1. The Contracting Parties shall endeavor to use in dealing with each other and with competent international bodies, of documents in accordance with the model-form the United Nations.
2. The Contracting Parties shall accept documents produced by any appropriate technical process, provided that they comply with official regulations in respect of their form, authenticity and certification, and provided that they are legible and understandable.
3. The Contracting Parties shall ensure that the necessary documents are prepared and certified in full compliance with relevant laws. Chapter III. Provisions relating to transit Article 10. Goods in transit
1. The Contracting Parties shall, to the extent possible, simple and speedy treatment for goods in transit, in particular goods which are transported in accordance with a system of international customs transit procedure, by limiting their inspections to cases where it is warranted by the actual circumstances or risks. In addition, they take into account the situation of countries that are not landlocked. They make every effort to provide an extension of time for which extradition may be made to pay customs duty of goods carried in accordance with a system of international customs transit, and expansion of the competence of existing customs in this area.
2. They make every effort to maximize the ease of transit of goods transported in containers or other packaging means to ensure adequate security. Chapter IV. Miscellaneous provisions Article 11. Public order
1. Nothing in this Convention shall prevent the imposition of bans or restrictions on the import, export or transit, for reasons of public order and, in particular, public safety, morality and health, or for environmental protection, cultural heritage or industrial, commercial and intellectual property.
2. Nevertheless, Contracting Parties shall strive to apply to the types of controls relating to the application of the measures referred to in paragraph 1 above, where possible without compromising the effectiveness of such controls provisions of this Convention, in particular the provisions of Articles 6 - 9. Article 12. Emergency measures
1. Emergency measures that Contracting Parties may be forced to enter because of special circumstances, must comply with underlying reasons for their introduction, and their implementation should be suspended or abrogated when these reasons.
2. In all cases where this does not prejudice the effectiveness of these measures, the Contracting Parties shall publish the relevant provisions for such measures. Article 13. Applications
1. Annexes to this Convention form an integral part of this Convention.
2. New applications relating to other types of control can be included in the present Convention in accordance with the procedures prescribed in Articles 22 or 24 below. Article 14. Relation to other agreements
Without prejudice to the provisions of Article 6 of this Convention shall affect the rights and obligations arising from treaties which the Contracting Parties to the Convention concluded before becoming Contracting Parties to the Convention. Article 15
This Convention shall not preclude the application of greater facilities which two or more Contracting Parties may wish to grant each other, and does not infringe the rights of regional organizations for economic integration, referred to in Article 16, which are Contracting Parties to take their legislation to the controls at their internal borders provided that in no way reduces the amount of benefits arising from this Convention. Article 16. Signature, ratification, acceptance, approval and accession
1. This Convention, which shall be deposited with the Secretary General of the United Nations is open to all States and regional organizations in the field of economic integration, constituted by sovereign States which are competent in respect of the negotiation, conclusion and application of international agreements relating to matters provided for in this Convention .
2. With regard to matters within their competence, regional organizations for economic integration organizations referred to in paragraph 1, may on its own behalf to exercise rights and fulfill the obligations imposed by this Convention for the Member States which are Contracting Parties to this Convention. In these cases, the Member States of such organizations can not independently exercise those rights, including the right to vote.
3. State and the aforementioned regional organizations in the field of economic integration may become Contracting Parties to this Convention:
a) by depositing its instrument of ratification, acceptance or approval after signing it, or
b) by depositing its instrument of accession.
4. The present Convention shall be open for signature by all States and referred to in paragraph 1 of the regional organizations in the field of economic integration in the United Nations Office at Geneva from 1 April 1983 to March 31, 1984, inclusive.
5. From 1 April 1983 it will also be open for accession.
6. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary General of the United Nations. Article 17. Entry into force
1. This Convention shall enter into force three months after the date on which five States have deposited their instruments of ratification, acceptance, approval or accession.
2. When five States have deposited their instruments of ratification, acceptance, approval or accession, this Convention enters into force for further Contracting Parties three months after the date of deposit of its instrument of ratification, acceptance, approval or accession.
3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of any amendments to this Convention shall be deemed to apply to the modified text of this Convention after the entry into force of this amendment. Article 18. Denunciation
1. Each Contracting Party may denounce this Convention by notification addressed to the Secretary General of the United Nations.
2. Denunciation shall take effect six months after the date of receipt of the Secretary General of the notification. Article 19. Termination
If, after the entry into force of this Convention, the number of States which are Contracting Parties, be less than five for any period comprising twelve consecutive months, after the above-mentioned period of twelve months, this Convention shall cease to have effect. Article 20. Dispute Resolution
1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall be settled by negotiation between them or other means of settlement.
2. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which can not be settled by the means provided for in paragraph 1 of this Article shall, at the request of one of their arbitration tribunal composed as follows: each Party to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator, who shall be chairman. If after three months from the date of receipt of the request is one of the parties fails to appoint an arbitrator or arbitrators are unable to elect a president, either party may apply to the Secretary-General of the United Nations to appoint an arbitrator or the chairman of the tribunal.
3. The decision of the arbitral tribunal appointed in accordance with the provisions of paragraph 2, shall be final and binding upon the Parties to the dispute.
4. The arbitral tribunal shall determine its own rules of procedure.
5. The arbitral tribunal shall take its decisions by majority vote on the basis of treaties existing between the parties to the dispute, and general international law.
6. Any controversy which may arise between the Parties to the dispute concerning the interpretation and execution of the award may be submitted by any of the Parties to the arbitral tribunal which rendered it.
7. Each Party to the dispute shall bear the costs of using the services of an arbitrator appointed by it and its representatives in arbitration, the costs of the chairman, and other expenses of the Parties to the dispute shall be borne in equal parts. Article 21. Reservations
1. Any Contracting Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by paragraphs 2 - 7 of Article 20 of this Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has made such a reservation.
2. Any Contracting Party which has made a reservation in accordance with paragraph 1 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.
3. With the exception of the reservations provided for in paragraph 1 of this Article, no reservations to this Convention. Article 22. Procedure for amending the present Convention
1. Amendments to this Convention, including the annexes thereto, may be amended upon the proposal of the Contracting Parties in accordance with the procedure laid down in this article.
2. Any proposed amendment to this Convention shall be considered by the Administrative Committee, composed of all Contracting Parties, in accordance with the rules of procedure set out in Annex 7. Any such amendment considered or prepared during the session of the Governing Committee and approved by them, sent Secretary-General United Nations, the Contracting Parties for acceptance.
3. Any proposed amendment communicated in accordance with the preceding paragraph shall enter into force for all Contracting Parties three months after the expiration of twelve months after the date of communication of the proposed amendment, if within this period, the Secretary-General of the United Nations has not received from any State, a Contracting Party or of a regional organization for economic integration, which is a Contracting Party and acting in accordance with the conditions specified in paragraph 2 of Article 16 of this Convention, any objection to the proposed amendment.
4. If an objection to the proposed amendment submitted in accordance with the provisions of paragraph 3 of this Article, the amendment is accepted and in connection with the no action. Article 23. Queries, reports and objections
The Secretary-General of the United Nations shall inform all the Contracting Parties and all States to all requests, messages or objections made in accordance with Article 22 and of the date of entry into force of each amendment.
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