Oleh: PRESIDEN REPUBLIK INDONESIA
Nomor: 20 TAHUN 1997 (20/1997)
Tanggal: 3 JUNI 1997 (JAKARTA)
Sumber: LN 1997/47
Tentang: TENTANG PENGESAHAN CONVENTION RELATING TO INTERNATIONAL EXHIBITIONS BESERTA PROTOCOL (KONVENSI MENGENAI PAMERAN INTERNASIONAL BESERTA PROTOKOL)
PRESIDEN REPUBLIK INDONESIA,
Menimbang:
a. bahwa sebagai hasil persidangan General Assembly of the Bureau of International Exhibitions, pada tanggal 22 Nopember 1928 dan terakhir diubah pada tanggal 31 Mei 1988 di Paris, Perancis, telah diterima Convention relating to International Exhibitions beserta Protocol (Konvensi mengenai Pameran Internasional beserta Protokol);
b. bahwa sehubungan dengan itu, dan sesuai dengan Amanat Presiden Republik Indonesia kepada Ketua Dewan Perwakilan Rakyat Nomor 2826/HK/1960 tanggal 22 Agustus 1960 tentang Pembuatan Perjanjian-perjanjian dengan Negara Lain, dipandang perlu untuk mengesahkan Convention beserta Protocol tersebut dengan Keputusan Presiden;
Mengingat: Pasal 4 ayat (1) dan Pasal 11 Undang-Undang Dasar 1945;
MEMUTUSKAN :
Menetapkan: KEPUTUSAN PRESIDEN TENTANG PENGESAHAN CONVENTION RELATING TO INTERNATIONAL EXHIBITIONS BESERTA PROTOCOL (KONVENSI MENGENAI PAMERAN INTERNASIONAL BESERTA PROTOKOL).
Pasal 1
Mengesahkan Convention relating to International Exhibitions beserta Protocol (Konvensi mengenai Pameran Internasional beserta Protokol), sebagai hasil persidangan dan diterima oleh General Assembly of the Bureau of International Exhibitions pada tanggal 22 Nopember 1928 dan terakhir diubah pada tanggal 31 Mei 1988 di Paris, Perancis, disertai dengan Deklarasi (Declaration) terhadap Pasal 25 ayat (3) dan Pensyaratan (Reservation) terhadap Pasal 34 ayat (3), yang salinan naskah aslinya dalam bahasa Inggeris serta terjemahannya dalam bahasa Indonesia dilampirkan, sebagai bagian yang tidak terpisahkan dari Keputusan Presiden ini.
Pasal 2
Apabila terjadi perbedaan penafsiran antara naskah terjemahan Convention beserta Protocol dalam bahasa Indonesia dengan salinan naskah aslinya dalam bahasa Inggeris sebagaimana dimaksud dalam Pasal 1, maka yang berlaku adalah naskah aslinya dalam bahasa Inggeris.
Pasal 3
Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.
Ditetapkan di Jakarta
pada tanggal 3 Juni 1997
PRESIDEN REPUBLIK INDONESIA
ttd
SOEHARTO
Diundangkan di Jakarta
pada tanggal 3 Juni 1997
MENTERI NEGARA SEKRETARIS
NEGARA
REPUBLIK INDONESIA
ttd
MOERDIONO
LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1997 NOMOR 47
-------------------
CATATAN
CONVENTION
RELATING INTERNATIONAL EXHIBITIONS
SIGNED AT PARIS ON 22ND NOVERBER 1928,
AND SUPLEMENTED BY THE PROTOCOLS OF 10TH MAY 1948,
16TH NOVEMBER 1966, 30TH NOVERBER 1972
AND THE AMENDMENT OF 24TH JUNE 1982
AND THE AMENDMENT OF 31ST MAY 1988
PART - Definitions and Objectives,
ARTICLE 1
1. An exhibition is a display which, whatever its title, has as its principal purpose the education of the public: it may exhibit the means at man's disposal for meeting the needs of eivilisation or demonstrate the progress achieeved in one or more branches of human endeavour, or show prospects for the future.
2. An exhibition is international when more than one State takes part in it.
3. Participants in an international exhibion comprise on the one hand exhibitors of States which are officially represented grouped into national sections, on the other hand international organisations or exhibitors from countries which are not officially represented and lastly those who are authorised in accordance with the regulation of the exhibition to carry on some other activity, in particular those granted concessions.
ARTICLE 2
This Convention applies to all international exhibitions except:
a) exhibitions lasting lees than three weeks;
b) fine Arts exhibitions;
c) exhibitions of an essentially commercial natural.
"Whatever title may be given to an exhibition by its organizer, this Convention recogaizes a distinction between registered exhibitions and recognized exhibitions."
PART II - General Conditions qoverning the Organization of International Exhibitions
ARTICLE 3
International exhibitions presenting the following fearures shall be eligible registration by the International Exhibitions Bureau referred to in Article 25 below:
A) Their duration may not less than six weeks nor more than six months;
B) The rules governing the exhibition buildings used by the participating States shall be laid down in the general regulations of the exhibition. If a tax is chargeable on proprety under the legislation of the inviting State, the organizers shall be responsible for paying it. Only services actually rendered in accordance with the regulations approved by the Bureau shall qualify for reimbursement;
C) From 1 January 1995 the interval between two registered exhibitions shall be at least five years; the first exhibition may be held in 1995. The International Exhibitions Bureau may nevertheless accept a date not more than one year earlier than the date resulting from the aboveprovision, to allow celebration of a special event of international importance, without however alterring the five-year interval laid down in the original calender.
ARTICLE 4
A) International exhibitions presenting the following features shall be eligible for recognition by the International Exhibitions Bureau:
1. their duration may not be less three weeks nor mare than three months;
2. they must illustrate a definite theme;
3. their total surface must not exceed 25 ha;
4. they must allocate to the participating State premises constructed by the organizer, free of all rents, charges, taxes and expenses other than those representing services rendered; the largest space allocated to a State must not exceed 1.000 m2. The International Exhibitions Bureau may however authorize a derogation from the requirement that premises be allocates free of charge if the economic and financial situation of the organizing State justifies it;
5. only one recognized exhibition, pursuant to this paragraph A, may be held between two registered exhibitions;
6. only one registered exhibition or exhibition recognized pursuant to this paragraph A, may be held in same year.
b. The International Exhibitions Bureau may also grant recognition to:
1. the Milan Triennale Exhibition of Decorative Arts and Modern Architecture, on grounds of historical precedence, provided that it retains its original features;
2. A1 horticultural exhibitions approved by the International Association of Horticultural Producers, provided that there is an interval of least two years between such exhibitions in different countries and at least ten years between events held in the same country;
due to held in the interval between two registered exhibitions.
ARTICLE 5
The opening and closing dates of an exhibition and its general features shall be laid down at the time of registration or recognition may be changed only with the agreement of the B.I.E.
PART III- Registration
ARTICLE 6
1. The Government of a Contracting Party in whose trritory an exhibition coming within the scope of the Convention is planned (hereinafter to as "the inviting Government") shall send to the Bureau an application for registration or recognition indicating the laws, regulations or financial measures it proposes to make for the exhibition. The Government of a non-contracting State wishing to abtain registration or recognition of an exhibition may apply to the Bureau in the same way provided that it undertakes to comply with the provisions of the Convention set out in Parts I, II, III and IV the regulations made for their implementation.
2. The application for registration or recognition shall be made the Government responsible for the international relations of place in which the exhibition is planned to be held (hereinafter referred to as "the inviting Government") even if this Government is not the organiser of the exhibition.
3. The Bureau shall in its compulsory regulations determine the maximum period for which a date for an exhibition may be reserved and the minimum period for receipt of an application for registration or recognition; it shall also specify the documents which must accompany such an application. It shall also fix by compulsory regulation the amount of the contribution to be paid for the costs of examination of the application.
4. Registration or recognition shall be granted only if the exhibition fulfils the conditions of this Convention and of the regulation laid down by the Bureau.
ARTICLE 7
1. When two or mare countries compete for the registration or recognition of an exhibition and cannot reach they shall ask the General Assembly of the Bureau to arbitrate. In arriving at its decision the General Assembly shall take into account the considerations put forward and, in any special reasons of an historical or ethical nature, the period which has elapsed since the last exhibition, and the number of display already organised by the competing countries.
2. Except in exceptional circumstances the Bureau shall give preference to an exhibition organised in the territory of a Contracting Party.
ARTICLE 8
A State which has been granted the registration or recognition of an exhibition shall lose all rights arising from the registration or recognition if ot changes the date reserved for the exhibition except in the circumstances provided for in paragraph 2 of Article 4. If it wishes to organise the exhibition at another date, the Government concerned shall make a frest application, and if necessary, submit to procedure laid down in Article 7 for resolving compening claims.
ARTICLE 9
1. In the case of any exhibition which has not been registered or recognized, Contracting Parties shall refuse their participation and their patronage as well as any Government subsidy.
2. Contracting Parties are quate free not to take part in an exhibition which has been registered or recognized.
3. Each Contracting Government shall use whatever means it considers most appropriate under its own legislation to act against the organisers of false exhibitions or exhibitions to which participant might be frudulently by false promises, notices or advertisements.
PART V - Obligations of Oeganisers of Registered Exhibitions and of Participating States.
ARTICLE 10
1. The inviting Government shall ensure that the provisions of this Convention and of the regulations made for its implementation are observed.
2. If the said Government does not itself organise the exhibition it shall officially recognise the organisers for this purpose and it shall guarantee the fulfilment of the obligations of the organisers.
ARTICLE 11
1. All invitations to participate in an exhibition, whether they are addressed to member States or to non-member States, shall be sent through diplomatic channels by the Government of the organising country to the Government of the country invited for that country and for the other parties in that country to be invited. The replies shall be forwarded to the inviting Government by the same channel, as well as any requests by non-invited parties to participate. The invitations shall observe the intervals preseribed by the Bureau and shall state that the exhibition in has been registered. Invitations to international organisations shall be sent to them direct.
2. No Contracting Party may organise or sponsor participation in an international exhibition if above-mentioned invitations have not been sent in accordance with the provisions of this Convention.
3. Contracting Parties undertake neither to address nor accept any invitation to participate in an exhibition, whether on the territory of a Contracting Party, or of a non-member State, in case where such invitation does not cite a registration or recognition approved according to the provision of this Convention.
4. Any Contracting Party may require the organisers not to send invitations to addressees in its territory other than itself. It may also refrain from forwarding invitations or requests to participate from parties who have not been invited.
ARTICLE 12
The inviting Government shall appoint a Commissioner-General of the Exhibition in the case of a registered exhibition or a Commissioner of the Exhibition in the case of a recognized exhibition who shall be authorised to represent the Government for all purposes in connection with the Convention and all matters concerning the exhibition.
ARTICLE 13
The Government of any country participating in an exhibition shall appoint a Section Commissioner-General in the case of a registered exhibition or a Section Commissioner in the case of a recognized exhibition to represent it with the inviting Government. The Section Commissioner-General or the Section Commissioner shall have sole responsibility for the organisation of his country's exhibit. He shall inform the Commissioner-General of the Exhibition or the Commissioner of the Exhibition of the content of this exhibit and shall see that the rights and obligations of exhibitions are respected.
ARTICLE 14 (abrogated)
ARTICLE 15 (abrogated)
ARTICLE 16
The Customs regulations for international exhibition shall be those set out in the Annex, which forms an integral part of this Convention.
ARTICLE 17
At an exhibition only sections constituted under the authority of Commissioners-General or Commissioners appointed in accordance with Article 13 by the Government of the participating countries shall be considered as national and consequently be entitled to bear this name. A national section comprises all the exhibitors of the country in queation but not the concession-holders.
ARTICLE 18
1. At an exhibition a participant or a group of participants may use a geographical title relating to a participating Party only with the authorisation of the Section Commissioner-General or the Section Commissioner of the Government of the Party concerned.
2. If a Contracting Party is not participating in an exhibition, the Commissioner-General or the Commissioner of the exhibition shall prohibit such usage as envisaged in the preceding paragraph, on behalf of the Contracting Party.
ARTICLE 19
1. Anyting exhibited in a national section must have a close connection with the country exhibition it (for axample, articles having their origin in the territory of the participating Government, or articles created by nationals of the country).
2. With the authorisation of the Commissioners-General or Commissioner of the other States concerned, other articles or products may be presented provided they serve only to complete the exhibit.
3. In case of dispute between participating Government concer ning paragraph 1 and 2 above, the matter shall be referred to the college of Section Commissioners-General or Commissioners who shall decide by a simple majority of those present. Their decision is final.
ARTICLE 20
1. Uncless there are provisions to the contrary in the laws of the organising country, no monopoly of any kind shall be granted at an exhibition. However, a monopoly for a common service may be authorised by the Bureau at the time of registration or recognition. In that case the following conditions shall be observed by the organisers:
a) the existense of such monopoly or monopolies shall be indicated in the regulations of the exhibition and in the participation contract;
b) the services subject to monopoly shall be made available to exhibitions under the conditions normally existing in the State;
c. the powers of the Commissioners-General or Commissioners in their respective sections shall not in any case be subjected to any limitation.
2. The Commissioner-General or Commissioner of the exhibition shall take all steps to ensure that the charges made to participating Governments are not higher than those made to the organisers of the exhibition or in any case than the normal local charges.
ARTICLE 21
The Commissioner-General or Commissioner of the Exhibition shall do everything in his power to ensure the proper and efficient functioning of the public utility services inside the exhibition area.
ARTICLE 22
The inviting Government shall make every effort to facilitate the participation of Government annd of their nationals, especially as regerds transpor charges and conditions of admission of persons and things.
ARTICLE 23
1. The general regulations of an exhibition shall state whether or not prizes are to be arded to the participants irrespective of the certificates of participation which may always be granted. If prizes are to be given their allocation may limited to certain categories.
2. If participants do not wish to compete for prizes they shall make a declaration to this effect before the opening of the exhibition.
ARTICLE 24
The International Exhibitions Bureau as defined in the following Article, shall draw up regulations to determine the general conditionas for the composition and functioning of juries and to decide how prizes shall be awarded.
PART V - Institutional Arranqements
ARTICLE 25
1. The International Exhibitions Bureau was established to supervise and ensure the application of this Convention. Its members shall be the Governments of the Contracting Parties. The headquarters of the Bureau shall be in Paris.
2. The Bureau shall have legal personality. In particular, it shall have the capacity to contract, acquire and dispose of movable and immovable property and to participate in legal proceedings.
3. The Bureau shall be entitled to conclude with States and International Organisations agreement relating to such Privileges and Immunities as are necessary for the exercise of the functions entrusted to it by this Convention.
4. The Bureau shall comprese a General Assembly, a President, an Executive Committee, specialised committees, as many Vice-Presidents as there are committees and a Secretariat under the authority of a Secretary-General.
ARTICLE 26
The General Assebly of the Bureau shall be composed of delegates appointed by the Contracting Parties on the scale of from one to three delegates per country.
ARTICLE 27
The General Assembly shall hold regular meeting and may also hold extraordinary meetings. It shall decide all questions which under this Convention come within the competence of the Bureau of which it is the highest authority. In particular the General Assembly shall:
a) discuss, adopt and publish regulations relating to the registration or recognition, classification and organisation of international exhibitions, and to the proper functioning of the Bureau. Within the limits of the provisions of this Convention the General Assembly may lay down compulsory regulations to be observed by the organisers of exhibitions who wish to enjoy the advantages of registration by the Bureau and also model regulations to serve as a guide to such organisers;
b) draw up the budget, check and approve the Bureau's accounts;
c) approve the reports of the Secretary General;
d) establish committees as necessary, and appoint members of the Executive Committee and of the other committees;
e) approve any international agrrements entered into in accordance with Article 25 (3);
f) adopt draft amendments in accordance with Article 33;
g) appoint the Secretary General.
ARTICLE 28
1. The Government of each Contracting Party, whatever the number of its delegates, shall have one vote in the General Assembly. This voting right shall be suspended if the sun of the subscriptions owed by a Contracting Government under Article 32 of this Convention exceeds the sum of the subscriptions due by it for the current year and the previous year.
2. The General Assembly shall be qualified to exercise its functions when the number of member states represented is at least two-thirds of the number of member States entitled to vote. If this quorum is not reached, the General Assembly shall be convened again with the same agenda after an interval of at least a month. In that case the quorum required shall be reduced to half the number of Contracting Partties titled to vote.
3. Decisions shall be by a majority of the delegations present voting for or against, except that a majority of two-thirds shall be required in the following cases:
a) the adoption of proposals for amendments to this Convention;
b) the drawing up and amendment of the regulation;
c) the adoption of the budget and approval of the amount of annual subscriptions of the Contracting Parties;
d. the authorisation for a cahange of opening or closing dates of an exhibition in accordance with Article 5 above;
e) the registration or recognition of an exhibition in the territory of a non-member State which is in competition with an exhibition in the territory of a Contracting Party;
f) the reduction of the intervals stipulated in Article 3 of the present Convention;
g) the acceptance of reservations
to on amendment presented by a Contracting Party;
such amendendment being adopted in accordance with Article 33, by a four-fifths
majority, or unanimously as the case may be;
h) the approval of any draft international agreement;
I) the appointment of the Secretary General.
ARTICLE 29
1. The President shall be elected by secret ballot of the General Assembly for a period of two years from among the delegates of the Governments of the Contracting Parties. He may not represent the State to which he belongs during his period of office. He may be re-elected.
2. The President shall call and conduct meetings of the General Assembly and ensure the proper functioning of the Bureaum In the President's absence his functions shall be exercised by the Vice-President in charge of the Executive Committee or, in the event of his incapacity, by one of the other Vice-Presidents in the order of their election.
3. The Vice-Presidents shall be elected from among the delegates of the Contracting Parties by the General Assembly which shall determine the nature and duration of their office and in particular the Committees of which they shall be given charge.
ARTICLE 30
1. The Executive Committee shall consist of delegates of twelve Contracting Parties, each nominating one representative.
2. The Executive Committee:
a) shall establish and keep up-to date a classification of human endeavour as it may be portrayed in an exhibition;
b) shall examine all application for the registration or recognition of an exhibition and submit them with advice for the approval of the General Assembly;
c) shall discharge such tasks as are given to it by the General Assembly;
d) may seek the opinion other Committees.
ARTICLE 31
1. The Secretary General, who shall be appointed in accordance with the provisions of Article 28 of this Convention, shall be national of the country of one of the Contracting Parties.
2. The Secretary General shall be responsible for attending to the current business of the Bureau in accordance with the instructions of the General Assembly and of the Executive Committee. He shall draw up a draft budget, present accounts and submit reports on this activities to the General Assembly. He shall represent the Bureau, especially in legal matters.
3. The general Assembly shall decide the other duties and responsibilities of the Secretary General as well as his terms of service.
ARTIcle 32
The annual budget of the bureau shall be adopted by the General Assembly in accordance with the provisions of paragraph 3 of Article 28. The budget shall take account of the finansial reserves of the Bureau, of reveneu of all kinds, and also of the debit and credit balances carried forward from previous financial years. The expenses of the Bureau shall be met from these sources and from the subscriptions of Contracting Parties calculated on the basis of the number of part falling to earch Party according to the decisions of the General Assembly.
ARTICLE 33
1. Any Contracting Government may make a proposal for amendment of the Convention. The text of the said proposal and the reasons for it shall be communicated the Secretary General who shall transmit them as soon as possible to the other Contracting Governments.
2. The proposal for amendment shall be included in the agenda of an ordinary session or of an extraordinary session of the General Assembly to be held at least three months after the date of its despatch by the Secretary General.
3. Every proposal for amendment adopted by the General Assembly in accordance with the provisions of the previous paragraph and of Article 28 shall submitted by the Gevernment of the French Republic for the acceptance of all the Governments Parties to this Convention. It shall come into force with regard to all Parties on the date on which four-fifths of them have notified acceptance to the governem of the French Republic, except that a proposal for amendment of the present paragraph, of Article 16, or of Annex referred to in that Article shall not force until all Parties have notified their acceptance to the Government of the French Republic.
4. Any Government which wishes to enter a reservation to its acceptance of an amendment shall inform the Bureau of the terms of this proposed reservation. The General Assembly shall given decision concerning the admissibility of this reservation. It shall allow reservetions which are conducive to the protection of established positions with regard to international exhibitions and reject those which would have the effect of creating privileged positions. If the teservation is accepted, the Party which had submitted it shall be included among those which are counted as having ...cepted the amendments for the purpose of calculating the above-mentioned four-fifths majority. If it is rejected, the Government which had submitted it shall choose between refusal to accept the amendment and its acceptance without teservation.
5. When the amendment comes into force, in the circumstances envisaged in the third paragraph of the present article, any Contracting Party which had refused to accept it may, if it sees fit, avail itself of the provisions of Article 37 below.
ARTICLE 34
1. Any dispute between two or more Contracting Government concerning the application or the interpretation of this Convention, which cannot be settled by the authorities invested with powers of decision in pursuance of the provisions of this Convention, shall form the subject of negotiations between the Parties in dispute.
2. If these negotiations do not within a short space of time lead to an agreement, any Party shall refer the matter to the President of the Bureau and shall request him to nominate a conciliator. If the condiliator is unable to obtain the agreement of the Parties in dispute on a solution, he shall take note of and define the nature and the extent of the dispute in his report to the President.
3. Once a lack of agreement is thus notified the dispute shall become the subject of arbitration. To this end any Party shall, within an in interval of two months from the date on which the report was communicated to the Parties in dispute refer to the Secretary General of the Bureau request for arbitration, naming the arbitrator chosen by that Party. The other Party or Parties to the dispute must each nominate, within an interval of two months, their respective arbitrators. Failing this, any Party shall notify the President of the International Court of Justice, requesting him to nominate the arbitrator or arbitrators. When several Parties act in unison for purposes outlined in the preceding paragraph, they shall count as one entity. In case of doubt, the decision lies with the Secretary General. The arbitrators shall in their turn nominate an additional arbitrator. If the arbitrators cannot agree on thhis choise within a space of two months, the President of the International Court of Justive, having been notified by any one Party, shall be responsible for nominating the additional arbitrator.
4. The arbitrator body shall give its decision by the majority of its members, the additional arbitrator having the easting vote in the event of the arbitrators' votes being equally divided. This decision shall be biding on all the Parties in dispute, finally and without the right of appeal.
5. Any state may, at the time of signing or ratifying this Convention, or acceding to it, declare itself not bound by the provisions of the above paragraphs 3 and 4. Other Contracting Parties will not be bound as regards those provisions towards any State which has reserved its positions.
6. Any Contracting Party which has reserved its position in accordance with the provisions of the above paragraph, may at any time rescind its reservations by a notification to the depository Goverment.
ARTICLE 35
This Convention shall be open for accession by any State which is a member of the Unites Nations, or any State which is not a member of the United Nations but which is a Party to the Stature of the International Course of Justice or any State which a member od one of the specialised agencies of the United Nations oe the International Atomic Energy Agency and also by any State whose application for accession is approved by a two-thirds majority of the Contracting Parties which have the right to vote in the General Assembly of the Bureau. Instruments of accession shall be deposited with the Gevernment of the French and shall become effective on the date they are so deposited.
ARTICLE 36
The Government of the French Republic shall inform signatory and acceding Governments and also the International Exhibitions Bureau of:
a) the entry into force of amendments in accordance with Article 33;
b) accessions in accordance with Article 35;
c) denunciations in accordance with Article 37;
d) reservations field in accordance with Article 34 paragraph 5;
e) the termination of the Convention, should this arise.
ARTICLE 37
1. Any Contracting Government may denounce this Convention by notifying the Government of the French Republic in writing.
2. ...uch a denunciation shall take effect one year after the date of receipt of such notification.
3. This Convention shall terminate if, as the result of denunciations, the number of Contracting Government is reduced to less than seven. Subject to any agreement which may be concluded between the Contracting Governments concerning the dissolution of the Bureau, the Secretary General shall be responsible for questions regarding liquidation. Unless the General Assembly decides otherwise, the assets shall be devided among the Contracting in proportion to the subscriptions paid since they have been Parties of this Convention. If there are liabities, these shall be taken over by the same Gevernments in proportion to the subscriptions fixed for the current financial year.
DONE at Paris, the 30th of Noverber, 1972
ANNEX
to the Convention done at Paris on 2nd of Noverber 1928 relating to International Exhibitions, as amended and supplemented by the Protocols of the 10th of May 1948, the 16th of November 1966, the 30th of November 1972 and the Amendment of the 24th Jne 1982.
COSTUMS REGULATIONS
FOR THE IMPORTATION OF ARTICLES
BY THE PARTICIPANTS
IN AN INTERNATIONAL EXHIBITION
ARTICLE 1 - Definitions
For the application of the present Annex the following interpretations shall apply:
a) "Import duties" means Custom duties and all other duties and taxes payable on or in connection with importation and shall include all excise duties and internal taxes chargeable on imported goods, but shall not include fees and charges, which are limited in amount to the approximate cost of the services rendered and do not represent an indirect protection to domestic products or a taxation of imports for fiscal purposes.
b) "Temporary admission" means temporary importation free of import duties, and free of import prohibitions and restrictions, subject to re-exportation.
ARTICLE 2
Temporary admission shall be granted to:
a) goods intended for display or demonstration at the exhibition;
b) goods intended for use in connection with the display of foreign exhibitions at the exhibition, including:
i) goods necessary for the purpose of demonstrating foreign machinery or apparatus to be displayed,
ii) construction materials, even in the raw sate, decoration material and furnishings, and electricalequipment for the foreign pavilions and stand at the exhibition as well as for the premises assigned to the Section Commissioner-General of a foreign participating country,
iii) tools equipment used in construction and means of transport necessary for the work of the exhibition
iv) advertising of demonstration material which is demonstrably publicity material for the foreign goods exhibition at the exhibition, for example sound recordings, films and film slides, as well as apparatus for necessary use therewith;
c) equipment inclument including interpretation apparatus, sound reproducing apparatus and film of an educational, scientific or cultural character, intended to be used for the purposes of the exhibition.
ARTICLE 3
The facilities referred to in paragraph 2 of this ANNEX shall be granted provided that:
a) the goods are capable of identification on re-exportation;
b) the Section Commussuoner-General of the participating country, without being called upon to pay a deposit, guarantees the payment of the import duties to which the goods are liable in the event of their not being re-exported within the prescribled period after the closing of the exhibition; other guarantees provided for by the laws of the inviting country can be accepted at the request of the exhibitors (e .g. A.T.A. carnet inaugurated by the Convention of the Customs Co-operation Council of 6 December 1961);
c) the Customs authorities of the country of temporary importation are satisfied that the conditions of this ANNEX will be fulfulled.
ARTICLE 4
...ess the national laws and regulations of the country of temporary importation so permit, goods granted temporary admission shall not, whilst they are the subject of the facilities granted under the present ANNEX, be loaned, or used in any way for hire or reward or be removed from the site of the exhibition. They shall be re-exported with a minimum period of delay and at the latest within three months after the close of the exhibition. The Customs authorities may, for valid reasons, extend this period within the limits laid down by the laws and regulations of the country of temporary importation.
ARTICLE 5
a) Notwithstanding the requirement of re-exportation laid down in Article 4, the re-exportation of perishable goods, badly damaged goods or goods of little value shall not be required provided that the goods are:
i) subject to the import duties to which they are liable; or
ii) abandoned free of all expense to the Exchequer of the country into which they were temporarily imported;
iii) destroyed, under official supervision, without expense to the Exchequer of the country into which they were temporarily imported, as the Customs authorities may require Furthermore, the re-exportation requirements shall not apply to goods whose destruction is required by the Section Commissioner-General concerned but destruction must be under official supervision and without expense to the Exchequer of the country into which they were temporarily imported.
b) Goods granted temporary admission may be disposed otherwise than by re-exportation, and in particular may be taken into domestic use, subject to compliance with the conditions and formalities applicable under the laws and regulation of the country of temporary in respect of such goods imported directly from abroad.
ARTICLE 6
Products obtained incidentally during the exhibition from temporarily imported goods, as a result of the demonstration of displayed machinery or apparatus, shall be subject to the provisions of Article 4 and 5 of this Annex, in the same way as if they had been granted temporary admission, subject to the reservations in Article 7 below.
ARTICLE 7
Import duties shall not be levied and import prohibition and restrictions shall be waived, and where temporary admission has been granted, re-exportation shall not be required, in respect of the following goods, if their aggregate value and quantity are, in the opinion of the Customs authorities of the country of importation, reasonable having regard to the nature of the exhibition, the number of visitors to it and the extent of the exhibitor's participation:
a) small samples (other than alcoholic beverages, tobacco goods and fuels) which are representative of foreign goods displayed at the exhibition, including such samples of foods and beverages, either imported in the from of such samples or produced at the exhibition from imported buid materials, provided that:
i) they are supplied free of charge from abroad and are used solely for distribution free of charge to the visiting public at the exhibition, for individual use or consumption by the persons to whom they are distributed,
ii) they are identifiable as advertising samples and are individually of little value,
iii) they are unsuitable for commercial purposes and are, where appropriate, packed in quantities appreciably smaller than the smallest retail package, and
iv) sample of foods and beverages which are not distributed in packs as provided for in (iii) above, are consumed at the exhibition;
b) imported samples used or consumed by the juries at the exhibition in appraising or judging article displayed, subject to the production of a certificate from the the Section Commissioner-General mentioning the nature and the quantity of the samples so used or consumed;
c) goods imported solely for demonstration or for the purpose of demonstrating the operation of a foreign machine or apparatus diplayed at the.exhibition and consumed or destroyed in the course of such demonstrations;
d) printed matter, catalogues, trase noties, price lists, advertising posters, calendars, whether or not illustrated, and untramed photographs, which are demonstrably publicity material for the foreign goods displayed at the exhibition, provided that they are supplied free of charge from abroad and are used solely for distribution free of charge to the visiting public at the exhibition.
ARTICLE 8
Import duties shall not be levied, and import prohibitions and restriction shall be waived, and where temporary admission has been granted, re-exportation shall not be required, in respect of the following goods:
a) products which are imported and which used up in constructing, setting up, decorating, animating, or furnishing the stands of foreign exhibitors at the exhibition, such as paint, varnish, wall-paper, rectified spirit, fireworks, seeds, plants, etc. which are disposed of by the use to which they are put;
b) official catalogues, leaflets, posters and other printed matter, whether or not illustrated, which are published by the countries participating in the exhibition;
c) plans, drawings, files, records, forms and other documents which are imported for use as such at the exhibition.
ARTICLE 9
a) Both on entry and on exit, the examination and clearance of goods which are going to be exhibited or used or which have been exhibited or used at an exhibition shall be carried out, whenever possible and convenient, at the site of this exhibition.
b) Each Contracting Party shall endeavour, whenever it considers this useful, taking into consideration the importance of the exhibition, to open for a reasonable period a Customs office on the site of the exhibition held in its territory.
c) The re-exportation of goods which were imported temported temporarily may take place in one or several instalments and through any Customs office which is open for this purpose, even if it is different from the office of importation, unless the importer undertook to re-export the goods through the office of importation in order to have the benefit of a simplified procedure.
ARTICLE 10
Nothing in these regulations shall prevent the application of:
a) more extensive facilities which Contracting Parties grant or may grand either by unilateral agreement, to by virtue of bilateral or multilateral agreements,
b) regulations, whether national or made by agreement, concerning the organisation of the exhibition which are not concerned with Customs matters,
c) prohibitions and restritions arising from national laws and regulation and concerned with public morality or conduct, public security, public hygiene or health, or with veterinary or phytopathological matters, or with the protection of patents, trade marks, authors' rights and copyright.
ARTICLE 11
For the purpose of the present Annex the territories of the Contracting Countries which form a Customs or economic can union can be considered as a single territory.
PROTOCOL
TO AMEND THE CONVENTION SIGNED AT PARIS
ON 22ND NOVERBER 1928
RELATING TO INTERNATIONAL EXHIBITION
The Parties the present Convention:
Considering that rules and prosedures established by the Convention relating to International Exhibitions, signed at Paris on the 22nd of November, 1928, amended and supplemented by the Protocols of the 10th of may, 1948 and the 16th of November, 1966 have proved useful and necessary to the organisers of exhibitions of exhibitions as well as to participating countries;
Desirous of adapting to modern conditions the said rules and prosedures, together with those relating to the organisation responsible for ensuring their application and of consolidating these and other provisions in a single instrument which will replace the 1928 Convention;
Have agreed as follows:
ARTICLE 1
The objects of the present Protocol are:
a) to amend rules and procedures concerning international exhibition;
b) to amend the provisions regarding the operations of the International Exhibitions Bureau.
AMENDMENT OF THE CONVENTION ARTICLE 2
The 1928 Convention is further amended by the present Protocol in accordance with the aims expressed in Article 1. The tex of the Convention as so amended is set out in the Appendix to the present Protocol of which it forms an integral part.
ARTICLE 3
1. The present Protocol shall remain open for signature by Governments Parties to the 1928 Convention at Paris from 30th November, 1972 until 29th November, 1973 and thereafter shall remain open for accession by them.
2. Government Parties to the 1928 Convention may become Parties to the present Protocol by:
a) signature without reservation as to ratification, acceptance or approval;
b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval, or
c) accession.
3. Instrument of ratification, acceptance, approval or accession shall be deposited with the Government of the French Republic.
ARTICLE 4
The precent Protocol shall enter into force on the date on which twenty-nine State shall have become parties to it in accordance with the provisions of Article 3.
ARTICLE 5
The provision of the present Protocol shall not apply to the registration of an exhibition for which a date has been reserved by the International Exhibition Bureau not later than the meeting of the Administrative Council which immediately preceded the entry into force of the present Protocol in accordance with Article 4 above.
ARTICLE 6
The Government of the French Republic shall inform the Governments of the contracting Parties and also the International Exhibition Bureau of:
(a) signatures made and ratifications, approvals, acceptances and accessions deposited in accordance with Article 3;
(b) the date on which the present Protocol anters into force in accordance with Article 4.
ARTICLE 7
As soon as the present Protocol enters into force, the Government of the French Republic shall cause it to be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nationas.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed the present Protocol.
DANE AT PARIS this 30th day of November, 1972 in the French language in a single copy which shall be deposited with the Government of the French Republic. The French Government shall transmit certified copies to the Government of all the Parties to the 1928 Convention.
Kutipan: MEDIA ELEKTRONIK SEKRETARIAT NEGARA TAHUN 1997