<ТАМОЖЕННАЯ КОНВЕНЦИЯ О ВРЕМЕННОМ ВВОЗЕ ДЛЯ ЧАСТНОГО ПОЛЬЗОВАНИЯ ЛЕТАТЕЛЬНЫХ АППАРАТОВ И СУДОВ, СЛУЖАЩИХ ДЛЯ РАЗВЛЕЧЕНИЯ> [англ.](Вместе с <КАРНЕТАМИ ДЛЯ САМОЛЕТА И СУДОВ>, <ТРИПТИХОМ ДЛЯ СУДОВ>,<ПРОДЛЕНИЕМ ДЕЙСТВИЯ КАРНЕТА>, <МОДЕЛЬЮ СЕРТИФИКАТА ДЛЯ ТАМОЖЕННОГО СВИДЕТЕЛЬСТВА ВРЕМЕННОГО ВВОЗА ПРИ ПОТЕРЕ ДОКУМЕНТОВ НА ВВОЗИМЫЙ ТОВАР> и <ПРОТОКОЛОМ ПОДПИСАНИЯ>)(Заключена в г. Женеве 18.05.1956)
CUSTOMS CONVENTION
ON THE TEMPORARY IMPORTATION FOR PRIVATE USE
OF AIRCRAFT AND PLEASURE BOATS
(Geneva, 18.V.1956)
Preamble
The
Contracting Parties,
Having regard to the Agreement providing for the
Provisional Application of the Draft International Customs Conventions on
Touring, on Commercial Road Vehicles and on the International Transport of Goods
by Road, done at Geneva on 16 June 1949, and in particular, to Article V of the
Agreement, which provides that in the event that world-wide conventions dealing
with the subject matter of the draft conventions provisionally applied by the
Agreement "should be concluded, and upon their entry into force, any Government
party to this Agreement, which becomes a party to one or more of those
Conventions shall automatically be regarded as having denounced the present
Agreement with respect to the Draft Convention or Conventions corresponding to
any of those Conventions to which that Government has become a party";
Having regard to the Convention concerning Customs Facilities for Touring and
the Customs Convention on the Temporary Importation of Private Road Vehicles,
both done at New York on 4 June 1954;
Considering that unlike the Draft
International Customs Convention on Touring brought into provisional application
by the Agreement of 16 June 1949, the said Conventions contain no provision
concerning temporary duty-free importation of aircraft and pleasure boats other
than kayaks and canoes in use and under 5.5 metres in length;
Desiring to
facilitate the development of international touring by means of aircraft and
pleasure boats;
Have agreed as follows:
Chapter I.
DEFINITIONS
Article 1
For the purpose of this Convention:
(a) The
term "import duties and import taxes" shall mean not only Customs duties but
also all duties and taxes whatever chargeable by reason of importation;
(b) The term "boats" shall mean all pleasure boats and pleasure vessels with or
without engines together with their spare parts, and their normal accessories
and equipment when imported with the boats or vessels;
(c) The term
"aircraft" shall mean all aircraft with or without engines together with their
spare parts and their normal accessories and equipment when imported with the
aircraft;
(d) The term "private use" shall mean the use of aircraft or
boats, by their owners or by persons who have possession or control of them,
whether on hire or otherwise, for non-commercial purposes and, in particular,
for purposes other than the transport of persons for remuneration, reward or
other consideration or the industrial and commercial transport of goods with or
without remuneration;
(e) The term "temporary importation papers" shall
mean the Customs document identifying the aircraft or boat and providing
evidence of the guarantee or deposit of import duties and import taxes;
(f) The term "persons" shall mean both natural and legal persons unless the
context otherwise requires.
Chapter II. TEMPORARY IMPORTATION WITHOUT
PAYMENT
OF IMPORT DUTIES AND IMPORT TAXES AND FREE
OF IMPORT
PROHIBITIONS AND RESTRICTIONS
Article 2
1. Each of the Contracting
Parties shall grant temporary admission without payment of import duties and
import taxes and free of import prohibitions and restrictions, subject to
re-exportation and to the other conditions laid down in this Convention, to
aircraft and boats owned by persons normally resident outside its territory
which are imported and utilized, for their private use on the occasion of a
temporary visit, either by the owners of the aircraft or boats or by other
persons normally resident outside its territory.
2. Such aircraft and
boats shall be covered by temporary importation papers guaranteeing payment of
import duties and import taxes, and if the case should arise, of any Customs
penalties incurred, subject to the special provision of paragraph 4 of Article
27.
Article 3
The fuel contained in the supply tanks of aircraft and
boats temporarily imported shall be admitted without payment of import duties
and import taxes and free of import prohibitions and restrictions, provided that
the supply tanks are of normal capacity, are located in the usual places and are
connected to the engine, it being understood that the fuel contained in these
tanks is intended exclusively for consumption by the aircraft or
boat.
Article 4
1. Component parts imported for the repair of a
particular aircraft or boat already temporarily imported shall be admitted
temporarily without payment of import duties and import taxes and free of import
prohibitions and restrictions. Contracting Parties may require these parts to be
covered by temporary importation papers.
2. Replaced parts which are not
re-exported shall be liable to import duties and import taxes except where, in
conformity with the regulations of the country concerned, they may be abandoned
free of all expense to the Exchequer or destroyed, under official supervision,
at the expense of the parties concerned.
Article 5
Temporary importation
papers sent to associations authorized to issue the papers in question by the
corresponding foreign associations, by international organizations or by the
Customs authorities of the Contracting Parties, shall be admitted without
payment of import duties and import taxes and free of import prohibitions and
restrictions.
Chapter III. ISSUE OF TEMPORARY IMPORTATION PAPERS
Article
6
1. Subject to such guarantees and under such conditions as it may
determine, each Contracting Party may authorize associations, such as those
affiliated to an international organization, to issue either directly or through
corresponding associations the temporary importation papers covered by this
Convention.
2. Temporary importation papers may be valid for a single
country or Customs territory or for several countries or Customs
territories.
3. The period of validity of these papers shall not exceed
one year from the date of issue.
Article 7
1. Temporary importation
papers valid for the territories of all or several of the Contracting Parties
shall be known as carnets de passages en douane and shall conform in respect of
aircraft to the standard form contained in Annex 1, and, in respect of boats, to
the standard form contained in Annex 2, to this Convention.
2. If a
carnet de passages en douane is not valid for one or several territories, the
issuing association shall indicate the fact on the cover and on the importation
vouchers of the carnet.
3. Temporary importation papers intended for
boats and valid only for the territory of a single Contracting Party may conform
to the standard form contained in Annex 3 to this Convention. Contracting
Parties may also use other documents, in accordance with their legislation or
regulations.
4. The period of validity of temporary importation papers
other than those issued by authorized associations as provided for in Article 6
shall be laid down by each Contracting Party in accordance with its legislation
or regulations.
5. Each Contracting Party shall, upon request, supply the
other Contracting Parties with models of temporary importation papers valid for
its territory, other than those appearing in the Annexes to this
Convention.
Chapter IV. PARTICULARS ON TEMPORARY IMPORTATION
PAPERS
Article 8
Temporary importation papers issued by authorized
associations shall be made out in the name of the persons who own the aircraft
or boats temporarily imported or who have the possession or control of them.
When such papers, issued in respect of hired aircraft or boats are made out in
the name of the person letting out on hire, the words "On hire to..." followed
by the name and the address of the normal residence in a foreign country of the
person concerned, shall, when the Customs authorities of the country of
temporary importation so require, be inserted on all counterfoils and vouchers
used in connection with the journeys of the person taking the aircraft or boat
on hire.
Article 9
1. The weight to be declared on temporary importation
papers is the net weight of aircraft or boats. It shall be expressed in the
metric system. In the case of papers valid for one country only, the Customs
authorities of that country may prescribe the use of another system.
2.
The value to be declared on temporary importation papers valid for one country
only shall be expressed in the currency of that country. The value to be
declared on a carnet de passages en douane shall be expressed in the currency of
the country where the carnet is issued.
3. The articles and tool-kit
which form the normal equipment of aircraft or boats need not be specially
declared on the temporary importation papers.
4. When the Customs
authorities so require, spare parts and accessories not considered as
constituting the normal equipment of the aircraft or boat shall be declared on
the temporary importation papers with the necessary particulars (such as weight
and value) and shall be produced on exit from the country visited.
Article
10
Any particulars inserted on temporary importation papers by the issuing
association may be altered only with the approval of the issuing or guaranteeing
association. No alteration to the papers may be made after they have been passed
by the Customs authorities of the country of importation except with the consent
of those authorities.
Chapter V. CONDITIONS OF TEMPORARY
IMPORTATION
Article 11
1. Aircraft and boats admitted under cover of
temporary importation papers may be used, for their private use, by third
persons duly authorized by the holders of the papers, provided that those third
persons normally reside outside the country of importation and also fulfil the
other conditions laid down in this Convention. The Customs authorities of the
Contracting Parties shall have the right to require evidence that such third
persons have been duly authorized by the holders of the papers and fulfil the
aforesaid conditions. If this evidence does not appear sufficient, the Customs
authorities may refuse use of these aircraft and boats in their country under
cover of the papers. In the case of aircraft or boats which have been hired,
each Contracting Party may require that the person taking the aircraft or boat
on hire be present at the time of importation of the aircraft or boat.
2.
Notwithstanding the provisions of the preceding paragraph, the Customs
authorities of the Contracting Parties may permit, under conditions of which
they shall be the sole judges, an aircraft or boat circulating under cover of
temporary importation papers to be manned by a crew composed of persons who are
normally resident in the country of importation, in particular when the crew of
the aircraft or boat acts on behalf of or under instructions from the holder of
the temporary importation papers.
Article 12
1. Aircraft or boats
mentioned in temporary importation papers shall be re-exported in the same
general state, except for wear and tear, within the period of validity of such
papers. In the case of aircraft or boats which have been hired, the Customs
authorities of the Contracting Parties shall have the right to require the
re-exportation of the aircraft or boat as soon as the hirer has left the country
of temporary importation.
2. Evidence of re-exportation shall be provided
by the exit visa properly appended to the temporary importation papers by the
Customs authorities of the country into which the aircraft or boat was
temporarily imported.
3. Contracting Parties may, however, make the
discharge of temporary importation papers for aircraft subject to proof of the
arrival of the aircraft in foreign territory.
Article 13
1.
Notwithstanding the requirement of re-exportation laid down in Article 12, the
re-exportation of badly damaged aircraft or boats shall not be required, in the
case of duly authenticated accidents, provided that the aircraft or boats:
(a) Are subjected to the import duties and import taxes to which they are
liable; or
(b) Are abandoned free of all expense to the Exchequer of the
country into which they were imported temporarily; or
(c) Are destroyed,
under official supervision, at the expense of the parties concerned, any
salvaged parts and materials being subjected to the import duties and import
taxes to which they are liable, as the Customs authorities may require.
2. When an aircraft or boat temporarily imported cannot be re-exported as a
result of a seizure, other than a seizure made at the suit of private persons,
the requirement of re-exportation within the period of validity of the temporary
importation papers shall be suspended for the duration of the seizure.
3.
The Customs authorities shall notify, so far as possible, to the guaranteeing
association, seizures made by or on behalf of those Customs authorities of
aircraft or boats admitted under cover of temporary importation papers
guaranteed by that association and shall advise it of the measures they intend
to take.
Article 14
An aircraft or boat imported into the territory of
one of the Contracting Parties under cover of temporary importation papers may
not be used, even incidentally, for transport against remuneration, reward or
other consideration between points within the frontiers of that territory or
outwards from that territory. It may not be hired out after importation and if
it was imported on hire it may not be re-hired to any person other than the
person who hired it originally.
Article 15
Persons entitled to temporary
importation facilities may, during the period of validity of temporary
importation papers, import the aircraft or boats covered by those papers as
often as necessary, on condition that they have each passage (entry and exit)
established by a visa of the Customs officers concerned if the Customs
authorities so require. Temporary importation papers may however be made valid
for a single journey only.
Article 16
When temporary importation papers
without detachable vouchers for each passage are used for boats, the visas given
by the Customs officers between the first entry and the final exit shall be
provisional. Nevertheless, when the last visa is a provisional exit visa, it
shall be admitted as proof of the re-exportation of the boat or component parts
temporarily imported.
Article 17
When temporary importation papers with
a detachable voucher for each passage are used, each entry visa implies the
passing of the document by the Customs authorities, and each subsequent exit
visa constitutes its final discharge, except as provided in Article
18.
Article 18
