Статус Дополнительного протокола к Конвенции о таможенных льготах для туристов, касающегося ввоза относящихся к туризму осведомительных документов и материалов (Нью-Йорк, 4 июня 1954 года) [рус., англ.]

[неофициальный перевод]

ADDITIONAL PROTOCOL TO THE CONVENTION CONCERNING CUSTOMS FACILITIES FOR TOURING, RELATING TO THE IMPORTATION OF TOURIST PUBLICITY DOCUMENTS AND MATERIAL

United Nations, Treaty Series, vol. 276, p. 191.

Note: The Convention was adopted by the United Nations Conference on Customs Formalities for the Temporary Importation of Private Road Motor Vehicles and for Tourism, held at the Headquarters of the United Nations, New York, from 11 May to 4 June 1954. It also adopted the Additional Protocol to the said Convention, relating to the Importation of Tourist Publicity Documents and Material, and the Customs Convention on the Temporary Importation of Private Road Vehicles. The Conference was convened by the Secretary-General of the United Nations in accordance with resolution 468 F (XV) <2> adopted by the Economic and Social Council of the United Nations on 15 April 1953. For the text of the Final Act of the Conference, see United Nations, Treaty Series, vol. 276, p. 191.

DECLARATIONS AND RESERVATIONS <15>

Algeria

Cuba

The Revolutionary Government of the Republic of Cuba does not consider itself bound by the provisions of paragraphs 2 and 3 of article 15 of the Protocol.

Czech Republic <5>

Fiji

«Fiji shall not be bound by Article 2 of the Additional Protocol in so far as it refers to unframed photographs and unframed photographic enlargements; but undertakes to allow the temporary duty and tax free admission of these articles under the provisions applicable to Article 3 of the Protocol.»

Hungary

«The Hungarian People's Republic does not consider itself bound by the terms of paragraphs 2 and 3 of article 15 of the Protocol.»

Malta

«Notwithstanding article 3 of the Additional Protocol the duty-free temporary importation into Malta of display material (e.g., showcases, stands and similar articles), sound recordings and flags, shall be subject to the making of a deposit with the Comptroller of Customs equivalent to the amount of duty payable on the goods allowed to be temporarily imported or to the giving of a security for such duty.»

Poland <17>, <18>

Romania <17>

The Romanian People's Republic does not consider itself bound by the provisions of article 15, paragraphs 2 and 3, of the additional Protocol. The position of the Romanian People's Republic is that a dispute concerning the interpretation or application of the Additional Protocol may be submitted to arbitration only with the agreement of all the parties in dispute and that only persons nominated by unanimous agreement of the parties in dispute may act as arbitrators.

Russian Federation

The Government of the Union of Soviet Socialist Republics, considering that disputes concerning the interpretation or application of the Additional Protocol to the Convention concerning Customs Facilities for Touring can be decided by arbitration, declares that a dispute may be submitted to arbitration only with the agreement of all the parties in dispute and only persons nominated by unanimous agreement of the parties in dispute may act as arbitrators.

Slovakia <5>

Tunisia

A dispute may be submitted to arbitration only with the agreement of all the parties in dispute.

Uganda

«Notwithstanding Articles 2, 3 and 4, the Government of Uganda reserves the right to require temporary importation permits in respect of any item specified therein which may be or be come dutiable at any time.»

United Republic of Tanzania <19>

«Notwithstanding articles 2, 3 and 4 of the Additional Protocol, the Government of the United Republic of Tanganyika and Zanzibar [Tanzania] reserves the right to require temporary importation permits in respect of any item specified therein which may at any time be dutiable.»

Territorial Application

End Note

1. On 16 June 1975, the Government of Switzerland declared that the provisions of the Convention apply to the Principality of Liechtenstein so long as it is linked to Switzerland by a customs union treaty.

2. Official Records of the Economic and Social Council, Fifteenth Session, Supplement No. 1 (E/2419), p. 9

3. The Secretary-General, received on 6 and 10 June 1997 communications regarding the status of Hong Kong from China and the United Kingdom of Great Brtiain and Northern Ireland (see also note 2 under «China» and note 2 under «United Kingdom of Great Britain and Northern Ireland» in the «Historical Information» section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention will continue to apply to the Hong Kong Special Administrative Region.

4. On 29 September and on 19 October 1999, the Secretary-General received communications regarding the status of Macao from China and Portugal (see also note 3 under «China» and note 1 under «Portgual» in the «Historical Information» section in the front matter of this volume). Upon resuming the exercise of sovereignty over Macao, China notified the Secretary-General that the Convention will continue to apply to the Macao Special Administrative Region.

5. Czechoslovakia had acceded to the Protocol on 8 March 1967, with a reservation. For the text of the reservation, see United Nations, Treaty Series, vol. 596, p. 544. See also note 1 under «Czech Republic» and note 1 under «Slovakia» in the «Historical Information» section in the front matter of this volume.

6. See note 1 under «Germany» regarding Berlin (West) in the «Historical Information» section in the front matter of this volume.

7. See note 2 under «Germany» in the «Historical Information» section in the front matter of this volume.

8. In a notification received on 4 April 1974, the Government of Greece stated that it accepted the decisions, recommendations and declarations contained in the Final Act of the Conference.

9. See note 1 under «Montenegro» in the «Historical Information» section in the front matter of this volume.

10. See note 1 under «Netherlands» regarding Aruba/Netherlands Antilles in the «Historical Information» section in the front matter of this volume.

11. See note 1 under «New Zealand» regarding Tokelau in the «Historical Information» section in the front matter of this volume.

12. The former Yugoslavia had acceeded to the Additional Protocol on 10 July 1958. See also note 1 under «Bosnia and Herzegovina», «Croatia», «former Yugoslavia», «Slovenia», «The Former Yugoslav Republic of Macedonia» and «Yugoslavia» in the «Historical Information» section in the front matter of this volume.

13. Notification by the United Arab Republic. See also note 1 under «United Arab Republic» in the «Historical Information» section in the front matter of this volume.

14. In a notification received on 4 March 1959, the Government of the United Kingdom gave notice of the withdrawal of the reservation to article 2 and informed the Secretary-General that «the United Kingdom has been giving full effect to article 2 of the Additional Protocol since the 1st of January 1959...». For the text of that reservation, see United Nations, Treaty Series, vol. 276, p. 204.

15. In a communication received on 16 September 1968, the Government of Japan notified the Secretary-General that, in accordance with paragraph 7 of article 14 of the Protocol, it «reserves the right of not extending to the States making reservations the benefit of the provisions to which such reservations apply».

16. Subsequently, in a communication received on 6 May 1994, the Government of Bulgaria notified the Secretary-General that it had decided to withdraw the reservation made upon accession to article 15 (2) and (3). For the text of the reservation, see United Nations, Treaty Series, vol. 348, p. 358. See also note 16 in this chapter.

17. The Governments of Italy and Switzerland have notified the Secretary-General that they object to this reservation.

18. On 16 October 1997, the Government of Poland notified the Secretary-General that it had decided to withdraw its reservation with regard to article 15 of the Additional Protocol made upon accession. For the text of the reservation see United Nations, Treaty Series, vol. 367, p. 334. See also note 16 in this chapter.

19. In a communication received on 2 August 1965, the Government of Portugal notified the Secretary-General that, in accordance with paragraph 7 of article 20 and paragraph 7 of article 14, respectively, of the Convention and Additional Protocol, Portugal reserves the right of not extending to the United Republic of Tanzania the benefit of those provisions of the Convention and the Additional Protocol to which apply the reservations made upon accession by the United Republic of Tanzania.

20. With the following reservation: «Notwithstanding articles 2, 3 and 4 of the Additional Protocol, the Governments of Kenya, Uganda and Tanganyika reserve the right to require temporary importation permits in respect of any item specified therein which may at any time be dutiable.»