CUSTOMS CONVENTION on the A.T.A. Carnet for the temporary

CUSTOMS CONVENTION

on the A.T.A. Carnet for the temporary admission of goods

(A.T.A. Convention)

PREAMBLE

The States signatory to the present Convention,

Meeting under the auspices of the Customs Co-operation Council and the

CONTRACTINGPARTIES to the General Agreement on Tariffs and Trade (GATT), in consultation with

the United Nations Educational, Scientific and Cultural Organisation (UNESCO),

Having regard to proposals made by representatives of international trade and other interests for

facilitating the procedures for the temporary duty-free importation of goods,

Convinced that the adoption of common procedures for the temporary duty-free importation of

goods would afford considerable advantages to international commercial and cultural activities and

would secure a higher degree of harmony and uniformity in the Customs systems of the Contracting

Parties,

Have agreed as follows:

CHAPTER I

Definitions and approval

Article 1

For the purposes of the present Convention:

(a) the term “import duties” means Customs duties and all other duties and taxes payable on

or in connection with importation and shall include all internal taxes and excise duties

chargeable on imported goods, but shall not include fees and charges which are limited in

amount to the approximate cost of services rendered and do not represent an indirect

protection to domestic products or a taxation of imports for fiscal purposes;

(b) the term “temporary admission” means temporary importation free of import duties in

accordance with the conditions laid down by the Conventions referred to in Article 3 of the

present Convention or by the national laws and regulations of the country of importation;

a Contracting Party to another Customs office within the same territory, in accordance

with the conditions laid down in the national laws and regulations of that Contracting

Party;

(d) the term “A.T.A. carnet” (Admission Temporaire -Temporary Admission) means the

document reproduced as the Annex to the present Convention;

(e) the term “issuing association” means an association approved by the Customs authorities

of a Contracting Party for the issue of A.T.A. carnets in the territory of that Contracting

Party;

(f) the term “guaranteeing association” means an association approved by the Customs

authorities of a Contracting Party to guarantee the sums referred to in Article 6 of the

present Convention, in the territory of that Contracting Party;

(g) the term “the Council” means the organisation set up by the Convention establishing a

Customs Co-operation Council, done at Brussels on 15th December 1950;

(h) the term “person” means both natural and legal persons, unless the context otherwise

requires.

Article 2

The approval of an issuing association envisaged in paragraph (e) of Article 1 of the present

Convention may be subject, in particular, to the condition that the price of A.T.A. carnets shall be

commensurate with the cost of services rendered.

CHAPTER II

Scope

Article 3

1 Each Contracting Party shall accept in lieu of its national Customs documents, and as due

security for the sums referred to in Article 6 of the present Convention, A.T.A. carnets valid for its

territory and issued and used in accordance with the conditions laid down in the present

Convention, for goods temporarily imported under:

(a) the Customs Convention on the temporary importation of professional equipment, done at

Brussels on 8th June 1961,

(b) the Customs Convention concerning facilities for the importation of goods for display or

use at exhibitions, fairs, meetings or similar events, done at Brussels on 8th June 1961, in

so far as it is a Contracting Party to those Conventions.

2 Each Contracting Party may also accept A.T.A. carnets, issued and used under the same

conditions, for goods temporarily imported under other international temporary importation

Conventions or for temporary admission procedures under its national laws and regulations.

3 Each Contracting Party may accept A.T.A. carnets issued and used under the same

conditions for transit.

4 Goods intended for processing or repair shall not be imported under cover of A.T.A. carnets.

CHAPTER III

Issue and use of A.T.A. carnets

Article 4

1 Issuing associations shall not issue A.T.A. carnets with a period of validity exceeding one year

from the date of issue. They shall indicate on the cover of the A.T.A. carnet the countries in which it

is valid and the names of the corresponding guaranteeing associations.

2 Once an A.T.A. carnet has been issued no extra item shall be added to the list of goods

enumerated on the reverse of the front cover of the carnet, or on any continuation sheets annexed

thereto (General List).

3 All formalities necessary for implementing the provisions of the present Convention may be

carried out electronically by using data-processing techniques approved by the Contracting Parties.

Article 5

The period fixed for the re-exportation of goods imported under cover of an A.T.A. carnet

shall not in any case exceed the period of validity of that carnet.

CHAPTER IV

Guarantee

Article 6

1 Each guaranteeing association shall undertake to pay to the Customs authorities of the

country in which it is established the amount of the import duties and any other sums payable in the

event of non-compliance with the conditions of temporary admission, or of transit, in respect of

goods introduced into that country under cover of A.T.A. carnets issued by a corresponding issuing

association. It shall be liable jointly and severally with the persons from whom the sums mentioned

above are due, for payment of such sums.

2 The liability of the guaranteeing association shall not exceed the amount of the import

duties by more than ten per cent.

3 When the Customs authorities of the country of importation have unconditionally

discharged an A.T.A. carnet in respect of certain goods they can no longer claim from the

guaranteeing association payment of the sums referred to in paragraph 1 of this Article in respect of

these goods. A claim may nevertheless still be made against the guaranteeing association if it is

subsequently discovered that the discharge of the carnet was obtained improperly or fraudulently or

that there had been a breach of the conditions of temporary admission or of transit.

4 Customs authorities shall not in any circumstances require from the guaranteeing

association payment of the sums referred to in paragraph 1 of this Article if a claim has not been

made against the guaranteeing association within a year of the date of expiry of the validity of the

carnet.

CHAPTER V

Regularisation of A.T.A. carnets

Article 7

1 The guaranteeing association shall have a period of six months from the date of the claim

made by the Customs authorities for the sums referred to in paragraph 1 of Article 6 of the present

Convention in which to furnish proof of the re-exportation of the goods under the conditions laid

down in the present Convention or of any other proper discharge of the A.T.A. carnet.

2 If such proof is not furnished within the time allowed the guaranteeing association shall

forthwith deposit, or pay provisionally, such sums. This deposit or payment shall become final after a

period of three months from the date of the deposit or payment. During the latter period the

guaranteeing association may still furnish the proof referred to in the preceding paragraph with a

view to recovery of the sums deposited or paid.

3 For countries whose laws and regulations do not provide for the deposit or provisional

payment of import duties, payments made in conformity with the provisions of the preceding

paragraph shall be regarded as final, but the sums paid shall be refunded if the proof referred to in

paragraph 1 of this Article is furnished within three months of the date of the payment.

Article 8

1 Evidence of re-exportation of goods imported under cover of an A.T.A. carnet shall be

provided by the re-exportation certificate completed in that carnet by the Customs authorities of the

country into which the goods were temporarily imported.

2 If the re-exportation of goods has not been certified in accordance with paragraph 1 of this

Article, the Customs authorities of the country of importation may, even if the period of validity of

the carnet has already expired, accept as evidence of re-exportation of the goods:

(a) the particulars entered by the Customs authorities of another Contracting Party in the

A.T.A. carnet on importation or re-importation or a certificate issued by those authorities

based on the particulars entered on a voucher which has been detached from the carnet

on importation or on re-importation into their territory, provided that the particulars

relate to an importation or re-importation which can be proved to have taken place after

the re-exportation which it is intended to establish;

(b) any other documentary proof that the goods are outside that country.

3 In any case in which the Customs authorities of a Contracting Party waive the requirement

of re-exportation of certain goods admitted into their territory under cover of an A.T.A. carnet, the

guaranteeing association shall be discharged from its obligations only when those authorities have

certified in the carnet that the position regarding those goods has been regularised.

Article 9

In the cases referred to in paragraph 2 of Article 8 of the present Convention, the Customs

authorities shall have the right to charge a regularisation fee.

CHAPTER VI

Miscellaneous provisions

Article 10

Customs certificates on A.T.A. carnets used under the conditions laid down in the present

Convention shall not be subject to the payment of charges for Customs attendance at Customs

offices and posts during the normal hours of business.

Article 11

In the case of the destruction, loss or theft of an A.T.A. carnet while the goods to which it

refers are in the territory of one of the Contracting Parties, the Customs authorities of that

Contracting Party shall, at the request of the issuing association and subject to such conditions as

those authorities may prescribe, accept a replacement document, the validity of which expires on

the same date as that of the carnet which it replaces.

Article 12

1 When goods 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 shall be suspended

for the duration of the seizure.

2 The Customs authorities shall, so far as possible, notify the guaranteeing association of

seizures made by them or on their behalf of goods admitted under cover of A.T.A. carnets

guaranteed by that association and shall advise it of the measures they intend to take.

Article 13

A.T.A. carnets or parts of A.T.A. carnets intended to be issued in the country into which

they are imported and which are sent to an issuing association by a corresponding foreign

association, by an international organisation or by the Customs authorities of a Contracting Party,

shall be admitted free of import duties and free of any import prohibitions or restrictions.

Corresponding facilities shall be granted at exportation.

Article 14

For the purposes of the present Convention the territories of Contracting Parties which

form a Customs or economic union may be taken to be a single territory.

Article 15

In the event of fraud, contravention or abuse, the Contracting Parties shall,

notwithstanding the provisions of the present Convention, be free to take proceedings against

persons using A.T.A. carnets, for the recovery of the import duties and other sums payable and also

for the imposition of any penalties to which such persons have rendered themselves liable. In such

cases the associations shall lend their assistance to the Customs authorities.

Article 16

The Annex to the present Convention shall be construed to be an integral part of the

Convention.

Article 17

The provisions of the present Convention set out the minimum facilities to be accorded

and do not prevent the application of greater facilities which certain Contracting Parties grant or

may grant in future by unilateral provisions or in virtue of bilateral and multilateral agreements.

CHAPTER VII

Final provisions

Article 18

1 The Contracting Parties shall meet together when necessary in order to consider the

operation of the present Convention and, in particular, in order to consider measures to secure

uniformity in the interpretation and application of the present Convention.

2 Such meetings shall be convened by the Secretary General of the Council at the request of

any Contracting Party. Unless the Contracting Parties otherwise decide, the meetings shall be held at

the Headquarters of the Council.

3 The Contracting Parties shall lay down the rules of procedure for their meetings. Decisions of

the Contracting Parties shall be taken by a majority of not less than two-thirds of the Contracting

Parties present at the meeting and voting.

4 Representatives of one-third of the Contracting Parties shall constitute a quorum of the

meeting.

Article 19

1 Any dispute between Contracting Parties concerning the interpretation or application of the

present Convention shall so far as possible be settled by negotiation between them.

2 Any dispute which is not settled by negotiation shall be referred by the Contracting Parties

in dispute to the Contracting Parties, meeting in conformity with Article 18 of the present

Convention, which shall thereupon consider the dispute and make recommendations for its

settlement.

3 The Contracting Parties in dispute may agree in advance to accept the recommendations of

the Contracting Parties as binding.

Article 20

1 Any State Member of the Council and any State Member of the United Nations or its

specialised agencies may become a Contracting Party to the present Convention:

(a) by signing it without reservation of ratification;

(b) by depositing an instrument of ratification after signing it subject to ratification; or

2 The present Convention shall be open until 31st July, 1962, for signature at the

Headquarters of the Council in Brussels, by the States referred to in paragraph 1 of this Article.

Thereafter, it shall be open for their accession.

3 In the case envisaged in paragraph 1 (b) of this Article, the present Convention shall be

subject to ratification by the signatory States in accordance with their constitutional procedures.

4 Any State, not being a Member of the Organisations referred to in paragraph 1 of this

Article, to which an invitation to that effect has been addressed by the Secretary General of the

Council at the request of the Contracting Parties, may become a Contracting Party to the present

Convention by acceding thereto after its entry into force.

5 The instruments of ratification or accession shall be deposited with the Secretary General of

the Council.

Article 21

1 The present Convention shall enter into force three months after five of the States referred

to in paragraph 1 of Article 20 thereof have signed it without reservation of ratification or have

deposited their instruments of ratification or accession.

2 For any State signing without reservation of ratification, ratifying or acceding to the present

Convention after five States have signed it without reservation of ratification or have deposited their

instruments of ratification or accession, the present Convention shall enter into force three months

after the said State has signed without reservation of ratification or deposited its instrument of

ratification or accession.

Article 22

1 The present Convention is of unlimited duration. However any Contracting Party may

denounce it at any time after the date of its entry into force under Article 21 thereof.

2 The denunciation shall be notified by an instrument in writing, deposited with the Secretary

General of the Council.

3 The denunciation shall take effect six months after the receipt of the instrument of

denunciation by the Secretary General of the Council.

4 Where a Contracting Party denounces the present Convention in accordance with paragraph

1 of this Article, or makes a notification under paragraph 2 (b) of Article 23 or paragraph2 of Article

25 of the present Convention, any A.T.A. carnet issued before the date when the denunciation or

notification takes effect shall remain valid and the guarantee of the guaranteeing association shall

hold good.

Article 23

1 At the time of signing, ratifying or acceding to the present Convention or thereafter, any

State deciding to accept A.T.A. carnets in accordance with the provisions of paragraphs 2 and 3 of

Article 3 of the present Convention, shall notify the Secretary General of the Council, specifying the

cases in which it undertakes to accept A.T.A. carnets and stating the date from which such

acceptance takes effect.

2 Similar notifications may be addressed to the Secretary General of the Council to:

(a) extend the scope of any previous notifications; or

(b) subject to paragraph 4 of Article 22 of the present Convention, restrict the scope of, or

cancel any previous notifications.

Article 24

1 The Contracting Parties meeting in conformity with Article 18 of the present

Convention may recommend amendments thereto.

2 The text of any amendment so recommended shall be communicated by the Secretary

General of the Council to all Contracting Parties, to all other signatory or acceding States, to the

Secretary General of the United Nations, to the CONTRACTING PARTIES to the GATT, and to

UNESCO.

3 Within a period of six months from the date on which the recommended amendment is

so communicated, any Contracting Party may inform the Secretary General of the Council:

(a) that it has an objection to the recommended amendment, or

(b) that, although it intends to accept the recommended amendment, the conditions

necessary for such acceptance are not yet fulfilled in its country.

4 If a Contracting Party sends the Secretary General of the Council a communication as

provided for in paragraph 3 (b) of this Article, it may, so long as it has not notified the Secretary

General of its acceptance of the recommended amendment, submit an objection to that

amendment within a period of nine months following the expiry of the six-month period

referred to in paragraph3 of this Article.

5 If an objection to the recommended amendment is stated in accordance with the terms

of paragraphs 3 and 4 of this Article, the amendment shall be deemed not to have been

accepted and shall be of no effect.

6 If no objection to the recommended amendment in accordance with paragraphs 3 and

4 of this Article has been stated, the amendment shall be deemed to have been accepted as

from the date specified below:

(a) if no Contracting Party has sent a communication in accordance with paragraph 3 (b) of

this Article, on the expiry of the period of six months referred to in paragraph 3;

(b) if any Contracting Party has sent a communication in accordance with paragraph 3 (b) of

this Article, on the earlier of the following two dates:

(i) the date by which all the Contracting Parties which sent such communications have

notified the Secretary General of the Council of their acceptance of the recommended

amendment, provided that, if all the acceptances were notified before the expiry of the

period of six months referred to in paragraph 3 of this Article, that date shall be taken

to be the date of expiry of the said six-month period;

(ii) The date of expiry of the nine-month period referred to in paragraph 4 of this Article.

7 Any amendment deemed to be accepted shall enter into force six months after the

date on which it was deemed to be accepted.

8 The Secretary General of the Council shall, as soon as possible, notify all Contracting

Parties of any objection to the recommended amendment made in accordance with paragraph 3

(a), and of any communication received in accordance with paragraph 3 (b), of this Article. He

shall subsequently inform all the Contracting Parties whether the Contracting Party or Parties

which have sent such a communication raise an objection to the recommended amendment or

accept it.

9 Any State ratifying or acceding to the present Convention shall be deemed to have

accepted any amendments thereto which have entered into force at the date of deposit of its

instrument of ratification or accession.

Article 25

1 Any State may, at the time of signing the present Convention without reservation of

ratification, or of depositing its instrument of ratification or accession or at any time thereafter,

declare by notification given to the Secretary General of the Council that the present Convention

shall extend to all or any of the territories for whose international relations it is responsible. Such

notification shall take effect three months after the date of the receipt thereof by the Secretary

General of the Council provided, however, that the Convention shall not apply to the territories

named in the notification before the Convention has entered into force for the State concerned.

2 Any State which has made a notification under paragraph 1 of this Article extending the

present Convention to any territory for whose international relations it is responsible may notify the

Secretary General of the Council, in accordance with the provisions of Article 22 of the present

Convention, that the territory in question will no longer apply the Convention.

Article 26

1 Any State may declare at the time of signing, ratifying or acceding to the present

Convention, or notify the Secretary General of the Council after becoming a Contracting Party to the

Convention, that it will not accept A.T.A. carnets under the present Convention for postal traffic.

Such notification shall take effect on the ninetieth day after its receipt by the Secretary General.

2 Any Contracting Party having entered a reservation as provided for in paragraph 1 of this

Article may at any time withdraw such reservation by notifying the Secretary General of the Council.

3. No other reservation to the present Convention shall be permitted.

Article 27

The Secretary General of the Council shall notify all Contracting Parties, the other signatory

and acceding States, the Secretary General of the United Nations, the CONTRACTING PARTIES to the

GATT, and UNESCO of:

(a) signatures, ratifications and accessions under Article 20 of the present

Convention;

(b) the date of entry into force of the present Convention in accordance with

Article 21;

(d) notifications made in accordance with Article 23;

(e) any amendment deemed to have been accepted in accordance with Article 24 and the

date of its entry into force;

(f) notifications received in accordance with Article 25;

(g) declarations and notifications made in accordance with Article 26, and the date on which

reservations or withdrawals of reservations take effect.

Article 28

In accordance with Article 102 of the Charter of the United Nations, the present

Convention shall be registered with the Secretariat of the United Nations at the request of the

Secretary General of the Council.

In witness whereof the undersigned plenipotentiaries have signed the present Convention.

Done at Brussels this sixth day of December nineteen hundred and sixty-one, in the English

and French languages, both texts being equally authentic, in a single original which shall be

deposited with the Secretary General of the Council who shall transmit certified copies to all the

States referred to in Article20, paragraph 1, of the present Convention.

ANNEX

MODEL OF ATA CARNET

The ATA carnet shall be printed in English or French and may also be printed in a second language.

The size of the ATA carnet shall be 297 x 210 mm.

(The previous version of the ATA carnet may still be used until 18th December 2004)