English
Customs Convention on the ATA Carnet for the Temporary Admission of Goods
Created on 08.19
Chief Executive's Announcement No. 13/2007
Whereas the People's Republic of China is a Contracting Party to the Customs Convention on the ATA Carnet for the Temporary Admission of Goods, or the Convention on Facilities for the Importation of Goods for Display or Use at Exhibitions, Fairs, Meetings or Similar Events, signed at Brussels on 8 June 1961 (hereinafter referred to as the Convention), and deposited its instrument of accession with the Secretary General of the Customs Co-operation Council (generally known as the World Customs Organization) on 27 August 1993;
Whereas the People's Republic of China, by a note verbale dated 6 July 2005, notified the Secretary General of the World Customs Organization that the Convention applies to the Macao Special Administrative Region;
Whereas the Secretary General of the World Customs Organization, upon receiving the notification from the People's Republic of China concerning the application of the Convention to the Macao Special Administrative Region, replied by a note verbale (document No. 05.PL-0065 E/S.R.) dated 9 August 2005, and, in accordance with the provisions of paragraph 2 of Article 19 of the Convention, confirmed that the Convention enters into force for the Macao Special Administrative Region with effect from 6 October 2005;
The Chief Executive, pursuant to the provisions of Article 6, paragraph 1, of Law No. 3/1999 of the Macao Special Administrative Region, orders the publication of the Chinese translation of the Convention.
The authentic French text of the Convention and the corresponding Portuguese translation have been published in the Official Gazette of the Macao Government, Series I, Supplement, No. 49, of 6 December 1999, at pages 6007 to 6016.
Issued on 1 June 2007.
Chief Executive, Edmund Ho Hau Wah
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At the Office of the Chief Executive, 7 June 2007
Office Director He Yong'an
Customs Convention concerning Facilities for the Importation of Goods for Display or Use at Exhibitions, Fairs, Meetings or Similar Events
Preamble
The Contracting States to this Convention, meeting under the auspices of the Customs Co-operation Council and after consultation with the United Nations Economic Commission for Europe and the United Nations Educational, Scientific and Cultural Organization. Noting the proposals made by representatives of international trade and other circles, desiring to facilitate the importation of goods exhibited or displayed at exhibitions, fairs, meetings or similar events of a commercial, technical, religious, educational, scientific, cultural or charitable nature. Convinced that the adoption of uniform rules for the customs treatment of such goods will provide significant benefits for international trade and promote the exchange of ideas and knowledge among nations, have agreed as follows:
Chapter I
Definitions
Article 1
For the purposes of this Convention:
(a) The term "events" means:
(1) exhibitions, fairs or similar displays or shows organized for trade, industrial, agricultural or handicraft purposes;
(2) Exhibitions or conferences organized primarily for charitable purposes;
(3) Exhibitions or conferences organized primarily to promote any branch of learning, art, craft, sport or science, education or culture, or to promote friendly relations among peoples or religious doctrines or beliefs;
(4) Congresses organized by any international organization or international body;
(5) Official or commemorative congresses;
But does not include exhibitions or sales organized by private individuals for the purpose of promoting foreign goods in shops or business premises.
B. The term "import duties" means customs duties and all other taxes levied on or in connection with the importation of goods, and shall include all internal taxes and excise duties chargeable 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 protection to domestic products or a taxation of imports for fiscal purposes.
C. The term "temporary admission" means temporary importation free of import duties, free of import prohibitions or restrictions, subject to re-exportation.
D. The term "the Council" means the institution established by the Convention establishing the Customs Co-operation Council, signed in Brussels on 15 December 1950.
E. The term "person" means both natural and legal persons, unless the context otherwise requires.
Chapter II
Temporary Admission
Article 2
1. The following goods or articles shall be granted temporary admission:
(a) Goods intended for display or demonstration at an event;
(b) Goods intended for use at an event in connection with the display of foreign products, including:
(1) Articles required for use in the operation of machinery or apparatus during demonstration;
(2) Building materials and decorations, including electrical installations, intended for use by foreign exhibitors in setting up temporary exhibition stands;
(3) Advertising materials and performance items intended for promotional purposes in connection with foreign exhibits, such as sound recordings, videos, and slides, as well as equipment and articles required for use during performances;
(c) Equipment such as listening and interpreting devices, sound recorders, and films of an educational, scientific, or cultural nature intended for use at international meetings, conferences, and congresses.
2. The facilities referred to in paragraph 1 of this Article shall be granted under the following circumstances:
(a) the goods can be identified on re-exportation;
(b) the quantity of the same goods is reasonable and consistent with the purpose of importation;
(c) the conditions prescribed by this Convention have been verified by the customs authorities of the State of temporary importation.
Article 3
Except as otherwise permitted by the laws and regulations of the State of temporary importation, goods temporarily imported shall not, during the period of enjoyment of the facilities granted under this Convention:
(a) be lent or leased for remuneration in any manner;
(b) be removed from the premises of the event.
Article 4
1. Goods temporarily imported shall be re-exported within six months from the date of their importation. However, the customs authorities of the State of temporary importation may, as circumstances warrant, and in particular in view of the duration or nature of the event, require that the goods be re-exported within a shorter period, but at least an extension shall be granted until one month after the close of the event.
2. Notwithstanding the provisions of paragraph 1 of this Article, the customs authorities shall permit goods which are to be subsequently transferred to another event for exhibition or use to remain within the territory of the State of temporary importation, subject to the conditions prescribed by the laws and regulations of that State, and with the guarantee that the goods will be re-exported within one year from the date of importation.
3. If the Customs authorities consider that there are sufficient grounds, they may, within the time limits prescribed by the regulations of the country of temporary importation, authorize a period longer than that provided for in paragraphs 1 and 2 of this Article, or extend the original period.
4. When goods temporarily imported cannot be re-exported because they have been seized, the re-export requirement prescribed in this Article shall be suspended during the period of seizure, except in the case of seizure resulting from private legal proceedings.
Article 5
1. Notwithstanding the provisions of this Convention regarding re-exportation, goods which are seriously damaged, of little value, or perishable may be exempted from re-exportation, provided they comply with the following requirements of the Customs authorities:
(a) payment of the import duties and taxes to which they are liable;
(b) abandonment free of charge to the Treasury of the country of temporary importation;
(c) destruction under official supervision, so as to avoid loss to the Treasury of the country of temporary importation.
2. Goods temporarily imported may be disposed of otherwise than by re-exportation, particularly when they are put to domestic use, in accordance with the laws, regulations and procedures of the country of temporary importation applicable to goods imported directly from abroad.
Chapter III
Relief from Import Duties and Taxes
Article 6
1. Except where a reservation has been notified in respect of certain categories of goods in accordance with the provisions of Article 23 of this Convention, the following goods shall be admitted free of import duties and taxes, free of prohibitions and restrictions on importation, and exempt from re-exportation after temporary importation:
(a) small quantities of representative samples of foreign goods exhibited at an event, including foodstuffs and beverages imported in their original form or converted from imported bulk materials during the exhibition, provided that:
(1) such samples are supplied free of charge from abroad and are intended exclusively, during the exhibition, for free distribution to persons attending the event for their personal use or consumption;
(2) they are clearly of negligible unit value and are intended for advertising purposes as samples;
(3) they are not suitable for commercial use and their packaging, in each case, is clearly smaller than the smallest retail package;
(4) samples of foodstuffs and beverages, although not distributed in the packaging specified in sub-paragraph (3) above, are genuinely intended for consumption during the event;
(5) the total value and quantity of the samples are considered reasonable by the Customs authorities of the importing country, taking into account the nature of the event, the number of visitors, and the scope of the exhibitors participating.
B. Articles imported exclusively for performance at an event or for the operation of performing machines or apparatus, which are consumed or damaged during the performance, provided that their total value or quantity is considered reasonable by the customs authorities of the importing country in light of the nature of the event, the number of visitors, and the scale of the exhibitors;
C. Low-value articles imported by foreign exhibitors for the construction, installation, or decoration of their exhibition stands, such as paint, coatings, and wallpaper;
D. Printed matter, catalogues, commercial notices, price lists, advertising posters, calendars with or without illustrations, and unframed photographs, which are indeed visual promotional materials for the foreign goods displayed at the event;
(1) Such materials are supplied free of charge from abroad and are intended exclusively for free distribution to visitors during the event;
(2) The total value and quantity of the aforementioned goods are deemed reasonable by the customs authorities of the importing country in light of the nature of the event, the number of visitors, and the scale of the participating exhibitors.
2. The provisions of paragraph 1 of this Article shall not apply to alcoholic beverages, tobacco products, or fuel.
Article VII
Folders, files, and other documents imported for use inside or outside international conferences, congresses, or consultation meetings shall be exempt from import duties and from prohibitions and restrictions on importation.
Chapter IV
Simplification of Formalities
Article VIII
Each Contracting Party shall, in accordance with the provisions of this Convention, reduce the customs formalities to be completed to a minimum. The relevant regulations shall be published as early as possible.
Article IX
1. If a Contracting Party requires the payment of a security deposit for the implementation of the provisions on granting facilities under this Convention, the amount shall not exceed one-tenth of the import duties chargeable.
2. The Contracting Parties mentioned above shall, as far as possible, accept, in lieu of the individual security provided for in paragraph 1 of this Article, a comprehensive security provided by the organizer of the event or by any other person approved by the Customs authorities, where applicable.
Article 10
1. Examination and clearance of goods for importation or re-exportation in respect of any event, where such goods are to be or have been displayed or used, shall, where possible and appropriate, be carried out at the site of the event.
2. Each Contracting Party shall, taking into account the importance and scale of the event, establish, where possible and appropriate, temporary Customs offices at the site of the event held within its territory.
3. Goods admitted temporarily may be re-exported in one consignment or in several consignments through any Customs office competent for such operations. Such re-exportation shall not be restricted to the Customs office of original importation, except where the importer voluntarily undertakes to carry out the re-exportation formalities at the Customs office of original importation in order to benefit from simplified procedures.
Chapter V
General Provisions
Article 11
Products incidentally produced during the exhibition by the operation of temporarily imported machinery or apparatus on display shall be dealt with in accordance with the provisions of this Convention.
Article 12
This Convention provides for the minimum facilities to be granted. It shall not preclude certain Contracting Parties from granting or being able to grant greater facilities in the future, either under their unilateral provisions or under bilateral or multilateral agreements.
Article 13
For the purposes of this Convention, the customs territories of Contracting Parties which have formed a customs union or economic union may be considered as a single customs territory.
Article 14
The provisions of this Convention shall not preclude the application of:
a. National or contractual provisions of a non-tariff nature concerning the organization of various events;
b. Various prohibitions or restrictions imposed under national regulations for the protection of public morality, order, public security, public health and hygiene, or for animal and plant quarantine, and the protection of patents, trademarks, and copyrights.
Article 15
Any violation of the provisions of this Convention, any substitution, false declaration, or act that enables persons or goods to obtain illegal benefits from the facilities provided by this Convention shall render the offender subject to the laws of the country where the act was committed and to the recovery of any duties payable.
Chapter VI
Final Provisions
Article XVI
1. The Contracting Parties shall meet as necessary to review the implementation of this Convention, in particular to consider measures for achieving uniformity in its interpretation and application.
2. Such meetings shall be convened by the Secretary-General of the Council at the request of any Contracting Party. Unless otherwise decided by the Contracting Parties, meetings shall be held at the headquarters of the Council.
3. The Contracting Parties shall adopt rules of procedure for the meetings. Decisions of the Contracting Parties shall be adopted by a majority of more than two-thirds of the Contracting Parties present and voting.
4. No decision shall be taken on any matter when fewer than half of the Contracting Parties are present.
Article XVII
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be settled by negotiation between the parties concerned.
2. Disputes that cannot be resolved through negotiation shall be submitted by the parties concerned to the Meeting of the Contracting Parties for consideration and recommendation of solutions in accordance with Article 16 of this Convention.
3. The parties to a dispute may agree in advance to accept the recommendations of the Contracting Parties as binding upon them.
Article 18
1. The Customs Cooperation Council and any member state of the United Nations or its specialized agencies may become a Contracting Party to this Convention in the following manner:
a. By signature without reservation as to ratification;
b. By signature subject to ratification, followed by deposit of an instrument of ratification;
c. By accession.
2. This Convention shall be open for signature at the headquarters of the Customs Cooperation Council in Brussels until 31 March 1962 by the states referred to in paragraph 1 of this Article. Thereafter, it shall be open for accession.
3. In the case of paragraph 1(b) of this Article, the Convention shall be subject to ratification by the signatory states in accordance with their constitutional procedures.
4. Any state which is not a member of the organizations referred to in paragraph 1(b) of this Article may, upon invitation extended by the Secretary General of the Customs Cooperation Council at the request of the Contracting Parties, become a Contracting Party to this Convention after its accession becomes effective.
5. Instruments of ratification or accession shall be deposited with the Secretary General of the Council.
Article 19
1. This Convention shall enter into force three months after five of the States referred to in paragraph 1 of Article 18 have signed it without reservation as to ratification or have deposited their instruments of ratification or accession.
2. If, after five States have signed it without reservation as to ratification or have deposited their instruments of ratification or accession, this Convention shall enter into force for any ratifying or acceding State three months after the deposit of its instrument of ratification or accession.
Article 20
1. This Convention is of unlimited duration. However, any Contracting Party may denounce it at any time after the date of its entry into force under the provisions of Article 19.
2. The declaration of denunciation shall be communicated in writing to the Secretary-General of the Council and deposited with him.
3. The denunciation shall take effect six months after the Secretary-General of the Council receives the instrument of denunciation.
Article 21
1. A conference of the Contracting Parties convened in accordance with Article 16 of this Convention may propose amendments to this Convention.
2. The full text of any proposed amendment shall be transmitted by the Secretary-General of the Council to the Contracting Parties, the other signatory or acceding States, the Secretary-General of the United Nations and UNESCO.
3. Within six months from the date of circulation of the amendment, any Contracting Party may notify the Secretary-General of the Council.
A. Of its objection to the amendment;
B. That, although it intends to accept the amendment, the conditions necessary for such acceptance have not yet been fulfilled in that State.
4. If a Contracting Party has sent a notification under paragraph 3(B) of this Article, it may, as long as it has not notified the Secretary-General of its acceptance of the amendment, raise an objection to the amendment within a period of nine months after the expiry of the six-month period specified in paragraph 3 of this Article.
5. If an objection to the amendment is raised in accordance with paragraphs 3 and 4 of this Article, the amendment shall be deemed not to have been accepted and shall not enter into force.
6. If no objection to the amendment has been raised in accordance with paragraphs 3 and 4 of this Article, the amendment shall be deemed to have been accepted from the following date:
(a) If neither Contracting Party has sent a notification under paragraph 3(b) of this Article, the date of acceptance shall be the date of expiry of the six-month period referred to in paragraph 3;
(b) If either Contracting Party has sent a notification under paragraph 3(b) of this Article, it shall be the earlier of the following two dates:
(1) The date on which all Contracting Parties that have sent the aforementioned notifications have notified the Secretary-General of the Council of their acceptance of the amendment, provided that if all notifications of acceptance are received before the expiry of the six-month period referred to in paragraph 3 of this Article, that date shall be deemed to be the date of expiry of the said six-month period;
(2) The date of expiry of the nine-month period referred to in paragraph 4 of this Article.
7. An amendment deemed to have been accepted shall enter into force six months after the date on which it is deemed to have been accepted.
8. The Secretary-General of the Council shall, as soon as possible, transmit to all Contracting Parties any objections to an amendment raised under paragraph 3(a) of this Article and any notifications received under paragraph 3(b) of this Article. Thereafter, he shall notify all Contracting Parties whether the Contracting Party or Parties that sent the aforementioned notifications have raised objections to or have accepted the amendment.
9. Any State that ratifies or accedes to this Convention shall be deemed to have accepted any amendment thereto which has entered into force on the date of deposit of its instrument of ratification or accession.
Article 22
1. Any State may, at the time of signing this Convention without reservation as to ratification, or at the time of depositing its instrument of ratification or accession, or at any time thereafter, declare by notification addressed to the Secretary-General of the Council that this Convention shall extend to all or any of the customs territories for whose international relations it is responsible, and this Convention shall extend to the customs territories named in the notification three months after the date of receipt of the notification by the Secretary-General of the Council, but not earlier than the date of entry into force of this Convention for the State concerned.
2. Any State which has made a declaration under paragraph 1 of this Article extending this Convention to a customs territory for whose international relations it is responsible may notify the Secretary-General of the Council in accordance with the provisions of Article 20 of this Convention that the said customs territory will no longer apply this Convention.
Article 23
1. Any State may, at the time of signing, ratifying or acceding to this Convention, declare, or notify the Secretary-General of the Council after becoming a Contracting Party to this Convention, that it will not be bound by the provisions of Article 6, paragraph 1(a) of this Convention. Such declaration or notification shall specify the particular goods for which the reservation is made. A notification sent to the Secretary-General shall take effect ninety days after the Secretary-General receives such instrument.
2. If a Contracting Party makes a reservation in accordance with paragraph 1 of this Article, the other Contracting Parties, in their relations with that Contracting Party, shall also not be bound by the provisions of Article 6, paragraph 1(a) of this Convention with respect to the particular goods for which the reservation is made by that State.
3. Any Contracting Party which has made a reservation in accordance with paragraph 1 of this Article may at any time notify the Secretary-General of the Council of the withdrawal of such reservation.
4. No other reservations to this Convention shall be permitted.
Article 24
The Secretary-General of the Council shall notify all Contracting Parties, other Signatory or Acceding States, the Secretary-General of the United Nations and UNESCO of the following:
(a) signatures, ratifications and accessions under Article 18 of this Convention;
(b) the date of entry into force of this Convention in accordance with Article 18;
(c) denunciations and declarations under Article 20;
(d) amendments deemed to have been accepted in accordance with Article 21 and the date of their entry into force;
(e) declarations and notifications received in accordance with Article 22;
(f) declarations and notifications made in accordance with paragraph 1 and paragraph 8 of Article 23, as well as the effective dates of reservations made or withdrawn.
Article 25
In accordance with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations by the Secretary-General of the Customs Co-operation Council.
In witness whereof the undersigned, duly authorized thereto, have signed this Convention.
Done at Brussels, this eighth day of June, one thousand nine hundred and sixty-one, in the English and French languages, both texts being equally authentic, in a single original which shall be deposited with the Secretary-General of the Customs Co-operation Council, who shall transmit certified copies to all the countries referred to in paragraph 1 of Article 18 of this Convention.
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