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CHAPTER XI
TRANSPORT AND COMMUNICATIONS
A . Custom Matters
5 . International Convention to Facilitate the Importation of Commercial Samples and Advertising Material
Geneva, 7 November 1952
Entry into force
:
20 November 1955, in accordance with article XI.
Registration :
20 November 1955, No. 3010
Status :
Signatories : 6. Parties :. 66 1
Text :
United Nations,  Treaty Series , vol. 221, p. 255.
Note :
The Convention was drawn up by the Contracting Parties to the General Agreement on Tariffs and Trade at its seventh session, held at Geneva in November 1952. The proposal for the conclusion of such a convention had been referred to the Contracting Parties to the General Agreement on Tariffs and Trade by the Economic and Social Council of the United Nations in resolution 347 (XII)2of 7 March 1951.
Participant 3, 4
Signature
Accession(a), Succession(d), Ratification
Australia
   6 Jan 1956 a
Austria
   8 Jun 1956 a
Belgium
30 Jun 1953
28 Aug 1957
Bosnia and Herzegovina 5
  12 Jan 1994 d
Canada
  12 Jun 1974 a
Croatia 5
  31 Aug 1994 d
Cuba
  26 Apr 1976 a
Cyprus
  16 May 1963 d
Czech Republic 6
   2 Jun 1993 d
Democratic Republic of the Congo
  31 May 1962 d
Denmark
   5 Oct 1955 a
Egypt
  29 Sep 1955 a
Fiji
  31 Oct 1972 d
Finland
  27 May 1954 a
France
   7 Feb 1964 a
Germany 7, 8
12 Jun 1953
 2 Sep 1955
Ghana
   7 Apr 1958 d
Greece
12 Jun 1953
10 Feb 1955
Guinea
   8 May 1962 a
Haiti
  12 Feb 1958 a
Hungary
   3 Jun 1957 a
Iceland
  28 Apr 1977 a
India
   3 Aug 1954 a
Indonesia
  21 Apr 1954 a
Iran (Islamic Republic of)
  11 Jun 1970 a
Ireland
  23 Apr 1959 a
Israel
   8 Oct 1957 a
Italy
  20 Feb 1958 a
Jamaica
  11 Nov 1963 d
Japan
   2 Aug 1955 a
Kenya
   3 Sep 1965 a
Liberia
  16 Sep 2005 a
Luxembourg
   9 Sep 1957 a
Malaysia
  21 Aug 1958 d
Malta
  27 Jun 1968 d
Mauritius
  18 Jul 1969 d
Mexico
   7 Nov 2000 a
Montenegro 9
  23 Oct 2006 d
Netherlands 10
   3 May 1955 a
New Zealand 11
  19 Apr 1967 a
Nigeria
  26 Jun 1961 d
Norway
   2 Nov 1954 a
Pakistan
  12 Oct 1953 a
Poland
  18 Feb 1960 a
Portugal
  24 Sep 1956 a
Republic of Korea
  12 Jun 1978 a
Romania
  15 Nov 1968 a
Rwanda
   1 Dec 1964 d
Serbia 5
  12 Mar 2001 d
Sierra Leone
  13 Mar 1962 d
Singapore
   7 Jun 1966 d
Slovakia 6
  28 May 1993 d
Slovenia 5
   3 Nov 1992 d
Spain
   9 Sep 1954 a
Sri Lanka
  28 Oct 1959 a
Sweden
30 Jun 1953
23 Feb 1955
Switzerland 1
   4 Dec 1954 a
Thailand
  30 Nov 1994 a
Tonga
  11 Nov 1977 d
Trinidad and Tobago
  11 Apr 1966 d
Turkey
   8 Dec 1956 a
Uganda
  15 Apr 1965 a
United Kingdom of Great Britain and Northern Ireland 4
30 Jun 1953
21 Oct 1955
United Republic of Tanzania
  28 Nov 1962 a
United States of America
28 May 1953
17 Sep 1957
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession
or succession. For reservations made upon notification of territorial application, see hereinafter.)
Cuba
       The Revolutionary Government of the Republic of Cuba does not consider itself bound by the provisions of the final clause of article VIII, paragraph 2, which authorizes the Parties to request the President of the International Court of Justice to nominate arbitrators for the settlement of disputes.

Germany 7
       "The Federal Republic of Germany cannot consider roasted coffee, coffee–and tea extracts as well as tobacco goods includ- ing cigarette paper as samples of negligible value.  No privileges provided for in Article II of the International Convention to Facilitate the Importation of Commercial Samples and Advertising Material can be granted with respect to the importation of the above-described products into the territory of the Federal Republic of Germany."

India
       "The concession of duty-free import would be available to only those catalogues, price lists and trade notices which are supplied free."

Malta
       "In the application of paragraph 5 of Article III of the Convention the period allowed by the Government of Malta for re-exportation of samples which qualify for exemption from import duties under that Article, should be three months which may be extended on sufficient cause being shown."

Mexico

Reservation:
       Conformément à l'article XIV, the Government of the United Mexican States hereby declares that it does not agree to the temporary importation of representative samples of vehicles and industrial and agricultural machinery or equipment referred to in article III of the Convention.

Romania
       (a) In acceding to the International Convention to Facilitate the Importation of Commercial Samples and Advertising Material, done at Geneva on 7 November 1952, in the interests of the development of international economic co-operation, the Socialist Republic of Romania considers that negotiation between the parties to a dispute, as provided for in article VIII (1) of the Convention, constitutes the means of settling such disputes in a spirit of co-operation between the States and of full respect for their interests.
       (b) The Council of State of the Socialist Republic of Roma- nia considers that the maintenance of the state of dependence of certain territories to which the provisions of article XIII of the above-mentioned Convention apply is not in accordance with the Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted by the United Nations General Assembly on 14 December 1960 in resolution 1514 (XV), which proclaims the need to put an end to colonialism in all its forms and manifestations immediately and unconditionally.

Spain 12

Sri Lanka 13

Trinidad and Tobago
       "Paragraph 6 of Article III cannot be implemented in Trinidad as the Customs and Excise Department is not self-accounting and refunds are made on Treasury vouchers."

Uganda
       "Uganda shall not be bound by article V of the Convention."

United Republic of Tanzania
       "In accordance with article XIV, Tanganyika [United Republic of Tanzania] reserves the right not to grant to advertising films temporary duty-free admission treatment."

Territorial Application
Participant
Date of receipt of the notification
Territories
Australia 12 Jan 1956 Papua and the Trust Territory of New Guinea
Belgium 28 Aug 1957 Belgian Congo and Trust Territory of Ruanda-Urundi
Netherlands 10 3 May 1955 Netherlands Antilles, Netherlands New Guinea and Suriname
New Zealand 11 19 Apr 1967 The Cook Islands (including Niue), the Tokelau Islands and the Trust Territory of Western Samoa
United Kingdom of Great Britain and Northern Ireland 4 21 Oct 1955 Isle of Man
  5 Feb 1957 Aden, Barbados, British Guiana, British Honduras, Cyprus, Falkland Islands, Fiji, Gambia, Gibraltar, Gold Coast, Hong Kong, Jamaica, Kenya (with reservation), Leeward Islands (Antigua, Montserrat, St. Christopher, Nevis and Anguilla, British Virgin Islands), Federation of Malaya, Malta (with reservations), Mauritius, North Borneo, Federation of Nigeria, St. Helena, Sarawak, Seychelles, Sierra Leone, Singapore, Somaliland Protectorate, Tanganyika (with reservation), Trinidad and Tobago (with reservation), Uganda (with reservation), Windward Islands (Dominica, Grenada, St. Lucia, St. Vincent), Zanzibar, Tonga
United States of America 17 Sep 1957 All possessions of the United States except American Samoa, Guam, Kingman Reef, Johnston Island, Midway Islands, the Virgin Islands and Wake Island
Reservations made upon notification of Territorial Application
United Kingdom of Great Britain and Northern Ireland
       
Kenya

       "Kenya shall not be bound by Article V of the Convention."
       
Malta

       "(i) The period allowed by law for re-exportation of goods released on temporary importation is three months but this period may be extended on sufficient cause being shown. (ii) If the whole quantity of goods is not taken out of Malta the deposit made to cover duty shall be forfeited. (iii) Samples of high value will be controlled under temporary importation and under regulations to be made in accordance with paragraph 3 of Article III of the Convention."
       
Tanganyika

       "Tanganyika shall not be bound by article V of the Conven- tion."
       
Trinidad and Tobago

       "Paragraph 6 of Article III cannot be implemented in Trinidad as the Customs and Excise Department is not self-accounting and refunds are made on Treasury vouchers."
       
Uganda

       "Uganda shall not be bound by Article V of the Convention."

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, Twelfth Session, Supplement No. 1 (E/1987), p. 7.
3.The Federation of Rhodesia and Nyasaland had acceded to the Convention on 30 April 1956 in its capacity as a Contracting Party to the Agreement on Tariffs and Trade of 30 October 1947.  See also note 1 under United Kingdom of Great Britain and Northern Ireland” in the “Historical Information” section in the front matter of this volume.
4.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.
5.The former Yugoslavia had acceeded to the Convention on 29 May 1956. 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.
6.Czechoslovakia had acceded to the Convention on 12 January 1956.  See also note 1 under “Czech Republic” and note 1 under “Slovakia” 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.See  note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
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.In a communication received on 17 June 1959, the Government of Spain notified the Secretary-General of the withdrawal of its reservation made upon accession.  For the text of that reservation, see United Nations,  Treaty Series ,vol. 221, p. 282.
13.In a communication received on 29 January 1963, the Government of Sri Lanka notified the Secretary-General of the withdrawal of its reservation made upon accession to the Convention. For the text of that reservation, see United Nations, Treaty Series , vol. 349, p. 334.