TNAG-2112-FCO40-3011-International-Rights-and-Obligations-Sub-Group-of-the-Sino-B-1990 — Page 179

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

case of roads, rivers or railways. The practice of establishing the Customs offices of contiguous countries in the same place, and, it feasible, even in the same building, should if possible be made general.

With a view to carrying out the recommendations contained in the present Section E, it is desirable that an international conference should be convened, in which representatives of all the administrations and organisations concerned should take part.

Article 15.

Each of the Contracting States undertakes, in return for adequate guarantees on the part of the transport agents, and subject to legal penalties in case of fraud or illegal importation, to allow baggage registered from the place of despatch abroad to be forwarded as of right, and with out a Customs examination at the frontier, to a non-frontier Customs office in its territory, if such office is qualified for this purpose. The Contracting States shall publish lists of Customs offices thus qualified. It is understood that the traveller will have the choice of declaring his baggage at the first office of entry.

Article 16.

The Contracting States, while reserving all their rights in respect of their own system of law regarding temporary importation and exportation, will be guided as far as possible by the prin- ciples laid down in the Annex to this Article as regards the regime to be applied to goods which are imported or exported in order to undergo a manufacturing process, to articles intended for exhibitions of a public character, whether for industrial, commercial, artistic or scientific purposes, to apparatus and articles employed for experiments or demonstrations, to touring vehicles, or furniture vans, to samples, to packing-cases and wrappings, to goods exported subject to an undertaking that they will be returned, and to other goods of a similar kind.

Annex to Article 16.

I. It is desirable that the provisions of laws and regulations relating to temporary impor- tation and exportation shall be simplified as far as circumstances allow, and shall be made public in the manner provided for in Articles 4 and 5 of the present Convention,

2. It is desirable that the measures of application should so far as possible form the subject of general regulations, in order that the persons or firms concerned may be acquainted with and able to take advantage of them.

3. It is desirable that the procedure adopted for the identification of goods should be as simple as possible, and that for this purpose:

(a) the guarantee afforded by the presence on the articles of marks affixed by the Customs

administrations of other States should be taken into consideration;

(b) the system of identification by specimens or samples, by drawings or by complete and detailed descriptions should be instituted, especially in cases in which the affixing of marks is impossible or offers disadvantages.

4. It is desirable' that the formalities in connection both with declaration and verification should be carried out not only in the frontier offices but also in any offices situated in the interior of the country concerned which possess the necessary authority.

5. It is desirable that an adequate time-limit should be allowed for the execution of under- takings which involve temporary importation or exportation, and that due consideration should be given to any unforeseen circumstances which may delay their execution, and the time-limit prolonged in case of need.

It is desirable that guarantees should be accepted in the form either of properly secured bonds or of payments in cash.

7. It is desirable that the security given should be refunded or released as soon as all the obligations which had been contracted have been fulfilled.

Article 17.

The present Convention does not prejudice exceptional measures of a general or particular character which a Contracting State may be obliged to take in the event of an emergency affecting the safety or vital interests of the country, it being understood that the principle of the equitable treatment of commerce must be observed to the utmost possible extent.

Nor does it prejudice the measures which Contracting States may take to ensure the health of human beings, animals or plants.

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