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Законодательство Российской Федерации

 

 

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

(по состоянию на 20 октября 2006 года)

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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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