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  • МЕЖДУНАРОДНАЯ КОНВЕНЦИЯ ОБ ОБЛЕГЧЕНИИ УСЛОВИЙ ЖЕЛЕЗНОДОРОЖНОЙ ПЕРЕВОЗКИ ГРУЗОВ ЧЕРЕЗ ГРАНИЦЫ [АНГЛ.] (ЗАКЛЮЧЕНА В Г. ЖЕНЕВЕ 10.01.1952)

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                            INTERNATIONAL CONVENTION
                    TO FACILITATE THE CROSSING OF FRONTIERS
                           FOR GOODS CARRIED BY RAIL
       
                              (Geneva, 10.I.1952)
       
           The undersigned,
           Duly authorized,
           Meeting at  Geneva,  under  the  auspices  of   the   Economic
       Commission for Europe,
           For the purpose of facilitating the crossing of frontiers  for
       goods carried by rail,
           Have agreed as follows:
       
                     Chapter I. ESTABLISHMENT AND OPERATION
              OF FRONTIER STATIONS WHERE EXAMINATIONS ARE CARRIED
                       OUT BY THE TWO ADJOINING COUNTRIES
       
                                   Article 1
       
           1. On every railway line carrying  a  considerable  volume  of
       international  goods  traffic,  which crosses the frontier between
       two  adjoining  countries,  the  competent  authorities  of  those
       countries  shall jointly examine the possibility of designating by
       agreement  a  station  close  to  the  frontier,  at   which   the
       examinations  required  under the legislation of the two countries
       in respect of the entry and exit of  all  or  part  of  the  goods
       traffic might be effectively carried out.
           2. Where two adjoining countries designate several stations of
       this kind along their common frontier, the number of such stations
       on either side of the frontier  shall,  so  far  as  possible,  be
       equal.
           3. At all points where the establishment of such stations  for
       two-way  traffic  examinations  is found to be impracticable,  the
       Contracting Parties  shall  jointly  examine  the  possibility  of
       making suitable arrangements for the examination of traffic in one
       direction to be carried out at the station  on  one  side  of  the
       frontier  and the examination of traffic in the other direction at
       the station on the other side of the frontier,  this provision  to
       be  limited  where  necessary  to  goods  carried  by certain fast
       international trains.
       
                                   Article 2
       
           1. Whenever a station is designated in accordance with article
       1, a zone shall be set up within which officials and agents of the
       competent administrations of the country adjoining  the  territory
       on  which  the  station is established (hereinafter referred to as
       the "adjoining  country")  shall  be  entitled  to  examine  goods
       crossing the frontier in either direction.
           2. As a general rule this zone shall comprise:
           (a) A specified area within the precincts of the station;
           (b) Goods trains and the section of the track  on  which  they
       stand throughout the whole period of the examination; and
           (c) Trains  between  the  station  and  the  frontier  of  the
       adjoining country.
       
                                   Article 3
       
           Application, within  the  zone  established in accordance with
       article 2, of the laws and regulations of the adjoining country as
       well  as the powers,  rights and duties pertaining within the zone
       to officials and agents of the competent administrations  of  that
       country,  shall be the subject of bilateral agreements between the
       competent authorities of the countries concerned.
       
                                   Article 4
       
           1. The competent administrations of  the  countries  concerned
       shall  determine by special agreements what premises are needed by
       the services of the adjoining country within the  said  zone,  and
       the  conditions  under  which  the  railway  administration of the
       country in whose territory the station is  situated  shall  supply
       furniture,  lighting, heating, cleaning, telephone communications,
       etc., for the said premises.
           2. Any  equipment required for the functioning of the services
       of the adjoining country shall be imported on  a  temporary  basis
       and  re-exported free of all Customs duties and charges,  provided
       that the proper declaration is  made.  Regulations  forbidding  or
       restricting import or export shall not apply to such equipment.
       
                                   Article 5
       
           1. The  premises  allotted  to  the  services of the adjoining
       country within the zone set up in accordance with article 2 may be
       distinguished on the outside by a notice including a shield in the
       national colours of that country.
           2. Officials  and  agents  of the competent administrations of
       the  adjoining  country  shall  wear  national  uniform   or   the
       distinguishing   badge  prescribed  by  the  regulations  of  that
       country.
           3. Officials  and  agents  of the competent administrations of
       the adjoining country who are called on to go to  the  station  in
       order   to  carry  out  the  examinations  provided  for  in  this
       Convention shall be exempt from passport  formalities.  Production
       of their official papers shall be deemed sufficient proof of their
       nationality, identity, rank and of the nature of their duties.
           4. The officials and agents mentioned in paragraphs 2 and 3 of
       this article shall enjoy,  in the exercise of  their  duties,  the
       same  protection and assistance as the corresponding officials and
       agents of the country in whose territory the station is situated.
           5. Exemption  from  taxes and charges may be granted under the
       bilateral agreements provided for in article 3  to  officials  and
       agents  of  the adjoining country residing in the country in whose
       territory the station is situated.
           6. The  bilateral  agreements  referred  to in article 3 shall
       determine:
           (a) The  maximum  numbers  of  officials  and  agents  of  the
       competent administrations of the adjoining country  authorized  to
       carry  out examinations in the zone established in accordance with
       article 2;
           (b) The  conditions  under which their recall may be demanded;
       and
           (c) The  conditions  under  which  they may carry arms and use
       them in the exercise of their duties within the said zone.
       
                                   Article 6
       
           1. The  Customs  administrations  and  other   administrations
       concerned  shall  do  everything  in  their  power  to reduce to a
       minimum the time required for the Customs and  other  examinations
       to  which  goods  crossing  the  frontiers  of  their  country are
       subject, particularly in the case of:
           Fast freight;
           Transport in international transit;
           Perishable goods,  livestock  and  other goods for which rapid
       transport is essential;
           Goods dispatched by fast international trains; and
           Heavy goods dispatched in train-loads.
           2. Maximum  time-limits for Customs and other examinations may
       be fixed by the bilateral agreements referred to in article 3.
           3. With a view to carrying out the provisions of  paragraph  1
       of this article, the  railway  administrations  shall  notify  the
       competent authorities of the countries of entry and  exit  in  due
       time of any changes in the frequency, timing  and  composition  of
       international trains.
       
                    Chapter II. INTERNATIONAL TRANSIT SYSTEM
       
                                   Article 7
       
           1. The  Customs and other administrations concerned shall,  in
       agreement with the railway  administrations  of  their  respective
       countries,  take such special measures as appear advisable for the
       purpose of speeding up, in particular, the examination of goods in
       international transit.
           2. In  agreement  with  the  railway  administrations  of  the
       countries   concerned,   the  Customs  and  other  administrations
       concerned of  the  said  countries  shall  establish,  so  far  as
       possible,  offices  at  those stations in the interior of the said
       countries where international traffic is  particularly  heavy,  in
       order  to  permit  the examination and Customs clearance of goods,
       either before departure from such stations or  on  arrival  there.
       Between  one  such  station  in  the  interior  of a country and a
       frontier station in either direction or between two such  stations
       in the interior of two countries,  such goods may be carried under
       the international transit system referred to  in  paragraph  1  of
       this article.
           3. With a view to the application of  the  provisions  of  the
       present chapter:
           (a) The Contracting Parties shall recognize, in principle, the
       Customs  seals  of  the other Contracting Parties,  subject to the
       right of each Customs administration to add its own  seal,  should
       it deem this essential;
           (b) The  Contracting  Parties   shall   adopt   the   standard
       international   Customs   declaration   form   annexed   to   this
       Convention;
           (c) The  standard international Customs declaration form shall
       be printed in two  languages,  French  and  the  language  of  the
       country of dispatch;  unless otherwise provided,  it shall be made
       out in duplicate for each country;
           (d) The  declaration  by  the consignor shall be made in Latin
       characters and in the language of the country of  dispatch  or  in
       French,  and  where  necessary  the railway administration will be
       responsible for its translation; and
           (e) This  regulation  does  not  rule  out the possibility for
       Customs and railway administrations which see fit  to  do  so,  to
       allow  the  use  of  other  languages  in  connexion  with traffic
       exclusively concerned with their particular country.
           4. This standard international Customs declaration form may be
       modified in accordance with the simplified procedure described  in
       article 16 of this Convention.
       
                     Chapter III. MISCELLANEOUS PROVISIONS
       
                                   Article 8
       
           1. The  duty  hours  of  staff  of railway,  Customs and other
       administrations concerned shall be  carefully  adjusted  to  train
       time-tables and traffic requirements.
           2. At frontier stations and stations  where  examinations  are
       carried  out  by  the  two  adjoining  countries,  the Contracting
       Parties shall arrange,  as far  as  possible,  for  the  hours  of
       opening of post, telegraph and telephone offices to be adjusted to
       those of the corresponding Customs offices.
           3. At  stations where examinations are carried out by only one
       country,  the Customs and other  administrations  concerned  shall
       make similar efforts to those described in article 6, paragraph 1,
       to reduce to a minimum the time required  for  Customs  and  other
       examinations.
       
                                   Article 9
       
           On all  main  routes,  the Contracting Parties shall establish
       direct  railway  service  telephone  lines  between  the  frontier
       stations  of  the adjoining countries and take steps to facilitate
       and accelerate private telephone communications.  The privilege of
       establishing  direct  telephone  communications may,  by bilateral
       agreement, be extended to other public services.
       
                                   Article 10
       
           Customs and other administrations concerned, and the railways,
       shall  take  the  necessary measures to facilitate examinations in
       sidings whenever such measures are calculated  to  reduce  waiting
       time, provided that such examinations are entirely adequate and do
       not entail any danger to staff.
       
                                   Article 11
       
           Customs and other administrations concerned, and the railways,
       shall  take the necessary measures to give priority to examination
       of perishable goods, in particular if they are crossing a frontier
       under international through transit procedure.
       
                           Chapter IV. FINAL CLAUSES
       
                                   Article 12
       
           1. After signature this day, this Convention shall be open for
       accession by the  countries  participating  in  the  work  of  the
       Economic Commission for Europe.
           2. The  instruments  of  accession  and,   if   required,   of
       ratification  shall be deposited with the Secretary-General of the
       United Nations who shall notify all the countries referred  to  in
       paragraph 1 of this article of the receipt thereof.
       
                                   Article 13
       
           This Convention  may  be  denounced  by  means  of six months'
       notice given to the Secretary-General of the  United  Nations  who
       shall  notify  the  other  Contracting Parties thereof.  After the
       expiry of the six months' period, the Convention shall cease to be
       in force as regards the Contracting Party which has denounced it.
       
                                   Article 14
       
           1. This  Convention  shall  enter into force when three of the
       countries referred to in  article  12,  paragraph  1,  shall  have
       become Contracting Parties thereto.
           2. It shall terminate if at any time the number of Contracting
       Parties thereto is less than three.
       
                                   Article 15
       
           Any dispute  between  any  two  or  more  Contracting  Parties
       concerning the interpretation or application of  this  Convention,
       which the Parties are  unable  to  settle  by  negotiation  or  by
       another mode of settlement, may be referred for decision,  at  the
       request of any one of the Contracting  Parties  concerned,  to  an
       arbitral commission, to which each  party  to  the  dispute  shall
       nominate one member; the chairman,  who  shall  have  the  casting
       vote, shall be appointed by the Secretary-General  of  the  United
       Nations.
       
                                   Article 16
       
           1. Should one of the Contracting Parties consider it desirable
       for modifications to be made to the standard international Customs
       declaration  form annexed to this Convention,  it shall submit its
       proposed amendment to the Secretary-General of the United  Nations
       who  shall  communicate  the  text  thereof  to  all  signatory or
       acceding countries.
           2. The amendment shall be deemed to  come  into  force  ninety
       days from the date  of  the  communication  provided  for  in  the
       preceding paragraph, unless, before the expiry of that period,  at
       least one-third  of  the  signatory  or  acceding  countries  have
       notified the Secretary-General of  the  United  Nations  of  their
       objection to the amendment.
           3. The  Secretary-General  of  the United Nations shall record
       the entry into force of amendments to the annex and  shall  inform
       all signatory or acceding countries thereof.
       
                                   Article 17
       
           1. The original of this Convention shall be deposited with the
       Secretary-General of the  United  Nations  who  shall  transmit  a
       certified  true  copy thereof to each of the countries referred to
       in article 12, paragraph 1.
           2. The   Secretary-General  is  authorized  to  register  this
       Convention upon its entry into force.
       
           Done at Geneva,  in a single copy,  in the English and  French
       languages,  both  texts  equally  authentic,  on  the tenth day of
       January one thousand nine hundred and fifty-two.
       
                                                  (Follow the signatures)
       
       
       
       
       
       
                                                                    Annex
       
                          INTERNATIONAL RAIL TRANSPORT
       
       -----------------------------------------------------------------------¬
       ¦              1. International Customs Declaration                    ¦
       ¦                                                                      ¦
       ¦2. <*> Name of railway ........................,      ---------------¬¦
       ¦Represented by .................................      ¦Customs Office¦¦
       ¦<*> I, the undersigned, .......................,      ¦              ¦¦
       ¦Authorized agent of the .......................,      ¦              ¦¦
       ¦Railways, submit for transit the goods described      ¦3. No.........¦¦
       ¦overleaf and undertake to re-submit them  within      ¦              ¦¦
       ¦......... days, with Customs seal intact, to the      ¦              ¦¦
       ¦Customs Office at ..............................      ¦              ¦¦
       ¦                  ....................... (date)      L---------------¦
       +----------------------------------------------------------------------+
       ¦4. Seal affixed or recognized              Wagon No. ................ ¦
       ¦                                                             _____    ¦
       ¦                                                            /     \   ¦
       ¦                                                           |Customs|  ¦
       ¦                                                           | Stamp |  ¦
       ¦                                                            \_____/   ¦
       ¦                                                                      ¦
       ¦                  ....................... (date)                      ¦
       ¦                                                                      ¦
       ¦   Customs Official                                                   ¦
       +----------------------------------------------------------------------+
       ¦5. We,  the  undersigned,  Customs  officials  at  the  Customs office¦
       ¦at ..........., hereby certify  that the goods described overleaf were¦
       ¦re-submitted to us with their seals intact.                           ¦
       ¦                  ....................... (date)                      ¦
       +----------------------------------------------------------------------+
       ¦6. Disposal of goods <*>   Seen to have crossed the frontier ........ ¦
       ¦                           Shipped aboard .......... (Name of vessel) ¦
       ¦                           Warehoused at ............................ ¦
       ¦                           Entered for home use ..................... ¦
       ¦                           .......................................... ¦
       ¦                           ................................... (date) ¦
       +----------------------------------------------------------------------+
       ¦7. Discharge form No.............. has been issued in                 ¦
       ¦   respect of the undertaking entered into                   _____    ¦
       ¦                                                            /     \   ¦
       ¦                                                           |Customs|  ¦
       ¦                                                           | Stamp |  ¦
       ¦                                                            \_____/   ¦
       +----------------------------------------------------------------------+
       ¦8. Remarks (trans-shipment, breakage of seals, etc.) ................ ¦
       +----------------------------------------------------------------------+
       ¦<*> Strike out whichever does not apply.                              ¦
       L-----------------------------------------------------------------------
       
                          INTERNATIONAL RAIL TRANSPORT
       
       -----------------------------------------------------------------------¬
       ¦9. Consignor's Declaration for Customs purposes                       ¦
       +----------------------------------------------------------------------+
       ¦                                         11. Country whence goods     ¦
       ¦                     .............       consigned ...................¦
       ¦10. Name and address .............       12. Country of destination of¦
       ¦    of consignee .................       goods .... ..................¦
       +--------T--------T--------T------T------T------------T--------T-------+
       ¦  Marks ¦ Number ¦ Nature ¦Nature¦Gross ¦ Net weight ¦Value in¦Remarks¦
       ¦   and  ¦   of   ¦   of   ¦  of  ¦weight¦  or other  ¦currency¦       ¦
       ¦nos. of ¦packages¦packages¦goods ¦      ¦measurements¦   of   ¦       ¦
       ¦packages¦        ¦(boxes, ¦      ¦      ¦   (cubic   ¦country ¦       ¦
       ¦or wagon¦        ¦sacks,  ¦      ¦      ¦  capacity, ¦   of   ¦       ¦
       ¦        ¦        ¦ etc.)  ¦      ¦      ¦  surface,  ¦dispatch¦       ¦
       ¦        ¦        ¦        ¦      ¦      ¦    etc)    ¦        ¦       ¦
       ¦   13   ¦   14   ¦   15   ¦  16  ¦  17  ¦     18     ¦   19   ¦  20   ¦
       +--------+--------+--------+------+------+------------+--------+-------+
       +--------+--------+--------+------+------+------------+--------+-------+
       +--------+--------+--------+------+------+------------+--------+-------+
       +--------+--------+--------+------+------+------------+--------+-------+
       +--------+--------+--------+------+------+------------+--------+-------+
       +--------+--------+--------+------+------+------------+--------+-------+
       +--------+--------+--------+------+------+------------+--------+-------+
       ¦21. Other particulars furnished by the   22. Name and ................¦
       ¦consignor (station at which formalities      address of...............¦
       ¦are to be carried  out, how consignment      consignor................¦
       ¦is to be entered for Customs purposes,       .........................¦
       ¦documents attached and their numbers,        .........................¦
       ¦etc) ..................................      .........................¦
       ¦.......................................      ..... (place) .... (date)¦
       ¦.......................................                               ¦
       +----------------------------------------------------------------------+
       ¦23. No. of consignment............ 24. Number et features of the first¦
       ¦                                   Customs seals affixed:             ¦
       ¦                                   ...................................¦
       ¦    Date stamp of station of       ...................................¦
       ¦    dispatch                       ...................................¦
       ¦                                   ...................................¦
       L-----------------------------------------------------------------------
       
       
    
    

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