CHAPTER XI

TRANSPORT AND COMMUNICATIONS

A

Custom Matters15Customs Convention on Containers, 1972Geneva, 2 December 1972Entry into force6 December 1975, in accordance with article 19.Registration6 December 1975, No. 14449StatusSignatories15Parties381TextUnited Nations, <i>Treaty Series </i>, vol. 988, p. 43 and depositary notifications C.N.358.1981.TREATIES-1 of 8 December 1981 (amendments to annexes 4 and 6); vol. 1407, p. 389 (amendments to annexes 1, 5, 6 and 7); vol. 1490, p. 531 (amendments to annex 6); vol. 1488, p. 345 (procès-verbal of rectification of the original French and Spanish texts); C.N.276.1988.TREATIES-1 of 1 December 1988 (amendments to article 1, paragraph c and annex 6); C.N.36.1994.TREATIES-1 of 10 March 1994 (amendments to the Convention and annexes 4 and 6); C.N.492.2007.TREATIES-1 of 20 April 2007 (proposal of amendments to Annexes 1 and 4); C.N.327.2008.TREATIES-1 of 22 April 2008 (amendments to Annexes 1 and 4).<superscript>2</superscript>The Convention was adopted by the United Nations/IMCO Conference on Containers Traffic, held at Geneva from 13 November to 2 December 1972. The Conference was convened in pursuance of a decision taken by the Economic and Social Council on 22 May 1970<superscript>3</superscript> and Council resolutions 1568 (L)<superscript>4</superscript> and 1725 (LIII)<superscript>5</superscript>. The Conference adopted a Final Act containing, <i>inter alia </i>, the texts of eight resolutions (see Doc. E/CONF.59/44). The Convention was open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the United Nations at New York.

Participant<superscript>6</superscript>SignatureRatification, Acceptance(A), Approval(AA), Accession(a), Succession(d)Algeria14 Dec 1978 aArmenia 9 Jun 2006 aAustralia10 Nov 1975 aAustria22 May 1973 17 Jun 1977 Azerbaijan17 Jan 2005 aBelarus22 Oct 1973 1 Sep 1976 Bulgaria12 Jan 1973 22 Feb 1977 Burundi 4 Sep 1998 aCanada 5 Dec 1972 10 Dec 1975 China<superscript>7</superscript>22 Jan 1986 aCuba23 Nov 1984 aCzech Republic<superscript>8</superscript> 2 Jun 1993 dFinland26 Dec 1973 22 Feb 1983 AGeorgia 2 Jun 1999 aGreece11 Jan 1973 Hungary10 Jan 1973 12 Dec 1973 Indonesia11 Oct 1989 aKazakhstan25 Jan 2005 aKyrgyzstan22 Oct 2007 aLiberia16 Sep 2005 aLithuania27 Mar 2002 aMontenegro<superscript>9</superscript>23 Oct 2006 dMorocco14 Aug 1990 aNew Zealand<superscript>10</superscript>20 Dec 1974 aPoland20 Dec 1972 29 Apr 1982 Republic of Korea15 Jan 1973 19 Oct 1984 Romania11 Dec 1973 6 Mar 1975 Russian Federation18 Oct 1973 23 Aug 1976 Saudi Arabia23 Dec 2008 aSerbia 6 Sep 2001 aSlovakia<superscript>8</superscript>28 May 1993 dSpain16 Apr 1975 aSwitzerland<superscript>1</superscript> 5 Dec 1972 12 Oct 1976 Trinidad and Tobago23 Mar 1990 aTunisia11 Mar 2009 aTurkey15 Dec 1972 13 Jul 1994 Ukraine22 Oct 1973 1 Sep 1976 United States of America 5 Dec 1972 12 Nov 1984 Uzbekistan27 Nov 1996 aAzerbaijanReservation:La République d'Azerbaïdjan n'autorise à entrer sur son territoire ni les conteneurs vides ou chargés en provenance ou à destination de la République d'Arménie ni les conteneurs appartenant à des personnes physiques ou morales immatriculées en République d'Arménie ou contrôlés et exploités par de telles personnes.BelarusUpon signature and upon ratification:The Government of the Byelorussian Soviet Socialist Republic considers that the provisions of article 18 of the Customs Convention on Containers, 1972, which bar certain States from participation in it, are contrary to the universally recognized principle of the sovereign equality of States.As to the provisions of article 25 regarding the settlement by arbitration of disputes concerning the interpretation and application of the Convention, the Government of the Byelorussian SSR declares that the adoption of this provision should not be interpreted as changing the view of the Government of the Byelorussian SSR that a dispute may be referred to an arbitration tribunal for consideration only with the consent of all parties to the dispute in each individual case.Cuba<superscript>11</superscript>Declaration:The Government of the Republic of Cuba considers that the provisions of article 18 of the Convention are of a discriminatory nature since they deprive certain States of the right to sign and accede to the Convention, contrary to the principle of universality.With reference to the rules set forth in article 25 of the Con- vention, the Government of the Republic of Cuba considers that differences arising between Parties should be resolved through direct negotiations by diplomatic means.Czech Republic<superscript>8</superscript>RomaniaUpon signature and confirmed upon ratification:The Government of the Socialist Republic of Romania con- siders that the provisions of article 18 of the Customs Convention on Containers, 1972, concluded at Geneva on 2 December 1972, are not in accordance with the principle that multilateral treaties, the aims and objectives of which concern the world community as a whole, should be open to participation by all States.Russian FederationUpon signature and upon ratification:The Government of the Union of Soviet Socialist Republics considers that the provisions of article 18 of the Customs Convention on Containers, 1972, which bar certain States from participation in it, are contrary to the universally recognized principle of the sovereign equality of States.As to the provisions of article 25 regarding the settlement by arbitration of disputes concerning the interpretation and application of the Convention, the Government of the USSR declares that the adoption of this provision should not be interpreted as changing the view of the Government of the USSR that a dispute may be referred to an arbitration tribunal for consideration only with the consent of all parties to the dispute in each individual case.Slovakia<superscript>8</superscript>SpainReservation to article 9:Concerning containers granted temporary admission for the carriage of goods in internal traffic, . . . such admission will not be granted in Spain.Switzerland<superscript>1</superscript>(a) Switzerland shall grant temporary admission to containers, in accordance with the procedure laid down in article 6 of the Convention;(b) The use of containers which have been admitted tempor- arily for internal traffic, as provided for in article 9 of the Convention, shall be authorized subject to the two conditions laid down in annex 3 to the Convention.TurkeyUpon signature:With reservations to paragraphs 3 and 4 of article 19.UkraineUpon signature and confirmed upon ratification:The Government of the Ukrainian Soviet Socialist Republic considers that the provisions of article 18 of the Customs Convention on Containers, 1972, which bar certain States from participation in it, are contrary to the universally recognized principle of the sovereign equality of States.As to the provisions of article 25 regarding the settlement by arbitration of disputes concerning the interpretation and application of the Convention, the Government of the Ukrainian SSR declares that the adoption of this provision should not be interpreted as changing the view of the Government of the Ukrainian SSR that a dispute may be referred to an arbitration tribunal for consideration only with the consent of all parties to the dispute in each individual case.1With the declaration by which the ratification "shall also apply to the Principality of Liechtenstein for as long as the latter is bound to the Swiss Confederation by a customs union treaty."2Amendments to the Convention and annexes were adopted as follows: 4Amendments to:Author of the proposal:Date of circulation:Date of entry into force: Annexes 4 and 6Customs Cooperation Council8 Dec 19818 Mar 1983 Annexes 1, 5, 6 and 7Customs Cooperation Council18 June 198418 Sep 1985 Annex 6Customs Cooperation Council8 Nov 19851 Jan 1988* Article 1, par. c, and Annex 6Customs Cooperation Council1 Dec 19881 Mar 1990 Annex 4 and 6Customs Cooperation Council10 Mar 1994**10 Jun 1995 Annexes 1 and 4Customs Cooperation Council20 Apr 2007 *For all the Contracting Parties, except the United States of America and Canada which had objected to the proposed amendments. ** Amendments were proposed by the Customs Co-operation Council to the Convention and annex 7 of the Convention on that same date. An objection thereto having been made by the Government of the United States of America and received by the Secretary-General on 9 March 1995, that is to say, before the expiry of the twelve-month period provided for in article 21 (4), the said amendments are deemed not to have been accepted.3<i>Official Records of the Economic and Social Council, Resumed Forty-eighth Session, Supplement No. 1A </i>(E/4832/Add.1), p.15.4<i>Official Records of the Economic and Social Council, Fiftieth Session, Supplement No. 1 </i> (E/5044), p. 3.5<i>Official Records of the Economic and Social Council, Fifty-third Session, Supplement No. 1 </i> (E/5209), p. 5.6The German Democratic Republic had acceded to the Convention with a declaration on 4 October 1974. For the text of the declaration, see United Nations, <i>Treaty Series </i>, vol. 988, p. 253. See also note 2 regarding “Germany” in the “Historical Information” section in the front matter of this volume.7See note 2 under “China” regarding Hong Kong in the in the “Historical Information” section in the front matter of this volume.8Czechoslovakia had signed and approved the Convention on 27 December 1973 and 4 September 1974, respectively, with a declaration. For the text of the declaration, see United Nations, <i>Treaty Series </i>, vol. 988, p. 250. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.9See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.10With the following declaration: "Accession to the Convention shall not extend to the Cook Islands, Niue and the Tokelau Islands".11Upon a request from the Secretary-General for clarification as to whether the declaration to article 25 was deemed to modify the legal effects of that article, the Government of Cuba replied that the declaration did not constitute a reservation.