CUSTOMS CONVENTION ON THE INTERNATIONAL TRANSPORT OF GOODS UNDER COVER OF TIR CARNETS (TIR CONVENTION)

Concluded at Geneva, 14.11.75.

The Contracting Parties, desiring to facilitate the international carriage of goods by road vehicles, believing that the improvement of the conditions of transport constitutes one of the factors essential to the development of cooperation between them, speaking in favour of simplification and harmonization of administrative border, in particular in the field of international transport formalities, have agreed as follows:

CHAPTER I. GENERAL PROVISIONS.

(a))

ARTICLE 1

For the purposes of this Convention:

  • (a)) the term "TIR operation" shall mean the transport of goods from a Customs Office of departure to a Customs Office of destination under the procedure, called the TIR procedure, laid down in this Convention;
  • (b)) the term "import or export duties and taxes" shall mean customs duties and all other duties, taxes, fees and other charges which are collected on, or in connection with, the importation or exportation of goods, but not including fees and charges limited in amount to the approximate cost of services rendered;
  • (c)), the term "road vehicle" shall mean not only any power-driven road vehicle but also any trailer or semi-trailer designed to be coupled thereto;
  • (d)), the term "combination of vehicles" shall mean coupled vehicles which travel on the road as a unit;
  • (e)), the term "container" shall mean an article of transport equipment (lift-van, movable tank or other similar structure):
    • I) fully or partially enclosed to constitute a compartment intended for containing goods;
    • II) of a permanent character and accordingly strong enough to be suitable for repeated use;
    • III) specially designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;
    • IV) designed for ready handling, particularly when being transferred from one mode of transport to another;
    • v) designed to be easy to fill and empty;
    • vi) having an internal volume of one cubic metre. "swap bodies" shall be treated as containers;
  • f) the term "Customs Office of departure" shall mean any Customs Office of a Contracting Party where the whole consignment or part of it begins international transport under the TIR procedure;
  • (g)) the term "Customs Office of destination" shall mean any Customs Office of a Contracting Party where the whole consignment or part of it ends, the international carriage of goods under the TIR procedure;
  • h) the term "Customs Office en route" shall mean any Customs Office of a Contracting Party through which a road vehicle, combination of vehicles or container is imported or exported in the course of a TIR operation;
  • (j)), the term "person" means both natural and legal persons;
  • k) the term "heavy and bulky goods" shall mean any heavy or bulky object which because of its weight, size or nature is not normally carried in a closed road vehicle or closed container;
  • l) the term "guaranteeing association" shall mean an Association approved by the Customs authorities of a Contracting Party to act as surety for persons using the TIR procedure.

b) scope

ARTICLE 2

This Convention shall apply to the transport of goods without intermediate reloading, in road vehicles, combinations of vehicles or in containers, across one or more frontiers between a Customs Office of departure of one Contracting Party and a Customs Office of destination of another or of the same Contracting Party, provided that some part of the journey between the beginning and the end is made by road.

ARTICLE 3

The provisions of this Convention shall apply, provided that:

  • a) transport:
    • I) in road vehicles, combinations of vehicles or containers previously approved for carriage under the conditions set forth in chapter III (a)); or
    • II) by means of other road vehicles, other combinations of vehicles or other containers under the conditions set forth in chapter III (c));
  • b) transport is guaranteed by associations, recognized in accordance with the provisions of article 6 and must be performed under cover of a TIR Carnet form conforming to the model in annex 1 to this Convention.

c) substantive provisions

ARTICLE 4

Goods carried under the TIR procedure shall not be subjected to the payment or deposit of import or export duties and taxes at Customs offices en route.

ARTICLE 5

  1. Goods carried under the TIR procedure in sealed road vehicles, combinations of vehicles or in sealed sealed containers are usually exempt from Customs examination at Customs offices en route.
  2. However, to prevent abuses, customs authorities may in exceptional cases, and particularly when irregularity is suspected of producing these customs inspection of goods.

CHAPTER II. ISSUANCE OF TIR CARNETS. LIABILITY OF GUARANTEEING ASSOCIATIONS.

ARTICLE 6

  1. Each Contracting Party may, by this famous guarantee and on certain conditions, to provide some of the associations authorized to issue either directly or through their associations correspondents of the TIR Carnet and provide guarantees.
  2. An association shall not be approved in any country unless its guarantee also covers the liabilities incurred in that country in connection with operations under cover of TIR Carnets issued by foreign associations affiliated to the same international organization as that to which it is itself affiliated.

ARTICLE 7

TIR Carnet forms sent to the guaranteeing associations guaranteeing associations of foreign correspondents, or international organizations are exempted from payment of import and export duties and taxes and are not in the import and export of any prohibitions or restrictions.

ARTICLE 8

  1. The guaranteeing association shall undertake to pay the amounts due to the import or export duties and taxes, together with any default interest, due under the customs laws and regulations of the country in which an irregularity in connection with a TIR operation. The guaranteeing association undertakes to pay the above amount jointly and severally with the persons from whom the sums these amounts.
  2. In cases where the laws and regulations of a Contracting Party do not provide for payment of import or export duties and taxes as provided for in paragraph 1, it shall, on the same conditions, pay an amount equal to the amount of import or export duties and taxes and any default interest.
  3. Each Contracting Party shall determine the maximum sum per TIR Carnet, which may be claimed from the guaranteeing association on the basis of the provisions of the above paragraphs 1 and 2.
  4. The guaranteeing association to the authorities of the country where the Customs Office of departure is located, at the time when the TIR Carnet is accepted by the Customs Office. In the succeeding countries through which goods are transported under the TIR procedure, this liability shall commence at the time when the goods enter these countries or, where the TIR operation is suspended in accordance with the provisions of paragraphs 1 and 2 of article 26, since the acceptance of the TIR Carnet is accepted by the Customs office where the TIR operation is resumed.
  5. The liability of the guaranteeing association shall cover not only the goods enumerated in the TIR Carnet but also any goods which, though not enumerated in the Carnet, are located in the zaplombirovannoj part of the road vehicle or in the sealed container. Association is not responsible for any other goods.
  6. For the purpose of determining the duties and taxes mentioned in paragraphs 1 and 2 of this article, the particulars of the goods as entered in the TIR Carnet shall be assumed to be the opposite.
  7. When payment of sums mentioned in paragraphs 1 and 2 of this article, the competent authorities shall, as far as possible, require payment from the person or persons directly liable before making a claim against the guaranteeing association.

ARTICLE 9

  1. The guaranteeing association shall establish the period of validity of the TIR Carnet by specifying the date of his graduation, after which the Carnet may not be presented to the Customs Office of departure to its customs clearance.
  2. If the Carnet has been accepted by the Customs Office of departure on the last day of the term of its validity, or before that date, as stipulated in paragraph 1 of this article, the Carnet is valid until the termination of the TIR operation at the Customs Office of destination.

ARTICLE 10

  1. The TIR Carnet may be made conditionally or unconditionally; If you made a reservation, they must refer to the facts associated with the TIR operation itself. These facts should be mentioned in the TIR Carnet.
  2. If the Customs authorities of a country have discharged a TIR Carnet unconditionally they can no longer claim from the guaranteeing association payment of the sums mentioned in paragraphs 1 and 2 of article 8, except in cases where the certificate of discharge was obtained in an improper or fraudulent manner.

ARTICLE 11

  1. In case of non-discharge of TIR Carnets or if this registration was conditionally, the competent authorities shall not have the right to claim from the guaranteeing association payment of the sums mentioned in paragraphs 1 and 2 of article 8, if within a period of one year from the date of acceptance of the TIR Carnet by those authorities, they have notified the Association in writing of the non-discharge or conditional discharge. This provision also applies in the case of customs clearance was obtained in an improper or fraudulent manner, save that the period shall be two years.
  2. The claim for payment of the sums mentioned in paragraphs 1 and 2 of article 8, shall be made to the guaranteeing association not earlier than three months from the date of the notification of the non-discharge, its registration with or on registration, obtained in an improper or fraudulent manner, and no later than two years from the same day. However, with regard to the cases referred to the Court during the above-mentioned period, the claim for payment shall be made within one year from the date of entry into force of the Court decision.
  3. For payment of the amounts claimed, the guaranteeing association has three months, from the date when the claim for payment. The sums paid shall be reimbursed to the Association if, within the two years following the date on which the claim for payment, customs authorities will be presented convincing evidence that in connection with the transport, there have been no violations.

CHAPTER III. TRANSPORT OF GOODS UNDER COVER OF TIR CARNETS

a) approval of vehicles and containers

ARTICLE 12

In order to fall within the provisions of sections (a) and (b))) of this chapter, every road vehicle must meet with regard to their construction and their equipment to the conditions set out in annex 2 to this Convention and must be approved for carriage in accordance with the procedure provided for in annex 3 to this Convention. The certificate of approval shall conform to the model reproduced in annex 4.

ARTICLE 13

  1. In order to fall within the provisions of sections (a) and (b))) of this chapter, containers must be constructed in accordance with the conditions set out in part I of annex 7 and shall be accepted for carriage in accordance with the procedure set out in part II of this same application.
  2. Containers approved for the transport of goods under Customs seal in accordance with the Customs Convention on containers, 1956 year arising from the agreements concluded under the auspices of the United Nations, the Customs Convention on containers, 1972, or any international instruments that may replace or modify the latter Convention, shall be considered as consistent with the provisions of paragraph 1 above and must be accepted for transport under the TIR procedure without the new assumptions.

ARTICLE 14

  1. Each Contracting Party reserves the right not to recognize the validity of the approval of road vehicles or containers which do not meet the conditions set out above in articles 12 and 13. However, Contracting Parties should not delay shipment when the detected faults are minor and do not create opportunities for contraband.
  2. Before the new use for the transport of goods under Customs seal, any road vehicle or container, do not meet more conditions that led to their approval, shall be either given in original condition, or be subjected to approval.

b) procedure for transport under cover of a TIR Carnet

ARTICLE 15

  1. The temporary importation of a road vehicle, combination of vehicles or container carrying goods under cover of the TIR procedure does not require special customs document. For road vehicle, combination of vehicles or the container, no guarantee is required.
  2. The provisions of paragraph 1 of this article shall not prevent a Contracting Party from requiring the fulfilment at the Customs Office of destination of the formalities provided for by its national regulations to ensure that after the end of the TIR operation, the road vehicle, the combination of vehicles or the container have been removed.

ARTICLE 16

When a TIR operation is made by road vehicle or combination of vehicles, they should be attached rectangular plate bearing the inscription "TIR" and conforming to the specifications given in annex 5 to this Convention; one plaque is placed at the front, and the other the same plate at the rear of the road vehicle or combination of vehicles. These decals must be placed in such a way as to be clearly visible and shall be removable.

ARTICLE 17

  1. For each road vehicle or container in a single TIR Carnet shall be made out. However, a single TIR Carnet may be made out on the combination of vehicles or for several containers loaded on to a single road vehicle or on to a combination of vehicles. In this case, the goods manifest of the TIR Carnet shall indicate separately the contents of each vehicle, which is part of a combination of vehicles or of each container.
  2. The TIR Carnet is valid for only one carriage. It shall contain at least the number of detachable vouchers for acceptance of the Carnet to the customs clearance and for its design, which are necessary for the transport.

ARTICLE 18

A TIR operation may involve several Customs offices of departure and destination; However, except in the special permission of the concerned Contracting Party or contracting parties, a) the Customs Office of departure must reside in only one country; (b)) the Customs Office of destination shall be no more than two countries; (c)), the total number of Customs offices of departure and destination shall not exceed four.

ARTICLE 19

Goods road vehicle, the combination of vehicles or the container shall be produced at the Customs Office of departure together with the TIR Carnet. Customs authorities of the country of departure shall take the necessary measures to ensure the accuracy of the goods manifest and the imposition of Customs seals or for checking Customs seals affixed under the responsibility of the aforementioned customs authorities duly authorized persons.

ARTICLE 20

The Customs authorities may set the carriage on the territory of their country, a definite term transport and require the road vehicle, the combination of vehicles or the container to follow a prescribed route.

ARTICLE 21

At each Customs Office en route and customs offices of destination, the road vehicle, the combination of vehicles or the container shall be presented to the Customs authorities for control with the load and the relating to the TIR Carnet.

ARTICLE 22

  1. Except when they examine the goods by the Customs authorities in accordance with the provision contained in paragraph 2 of article 5, officers of the Customs offices en route of each of the Contracting Parties recognize, as a rule, seals affixed by the Customs authorities of the other Contracting Parties, provided that they are not damaged. However, these employees can, if this is due to the need to control, to impose further their own seals.
  2. Recognized by the Contracting Parties to the Customs seals shall have in the territory protected by the same legal rules that is accorded to the national seals.

ARTICLE 23

The Customs authorities may in exceptional cases only:

  • require that on the territory of their country road vehicles, combinations of vehicles or containers to be escorted at the carriers ' expense;
  • produce in the way of verification and inspection of goods road vehicles, combination of vehicles or containers.

ARTICLE 24

If the Customs authorities produce in transit or en route screening of cargo in a road vehicle, combination of vehicles or the container, they must make a mark about the particulars of the new seals affixed and of the controls carried out on the vouchers of the TIR Carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR Carnet.

ARTICLE 25

If Customs seals are broken en route in conditions other than those laid down in articles 24 and 35, or if the goods are lost or damaged, but were not damaged seal or stamp should follow the procedure laid down in annex 1 to this Convention in respect of the use of the TIR Carnet shall, without prejudice to the possible application of the provisions of national legislation and, in addition, the Protocol must be completed contained in the TIR Carnet.

ARTICLE 26

  1. When part of the journey the TIR Carnet is produced on the territory of a State which is not a Contracting Party to this Convention, the TIR operation shall be suspended during that part of the journey. In this case, the Customs authorities of the Contracting Party on whose territory the journey continues shall accept the TIR Carnet for resumption of the TIR operation, provided that the Customs seals and/or identifying marks have remained intact.
  2. The same applies in respect of that part of the route which the TIR Carnet is not used by the owner of the Carnet in the territory of the Contracting Party in connection with the implementation of simpler Customs transit procedures or when the use of a Customs transit regime is not necessary.
  3. In these cases the Customs office where the TIR operation has been terminated or renewed, will be treated as intermediate Customs respectively when entering or on leaving the country.

ARTICLE 27

Subject to the provisions of this Convention, and in particular article 18 originally specified by the Customs Office of destination can be replaced by another Customs Office of destination.

ARTICLE 28

With the arrival of the goods at the Customs Office of destination and provided that the goods are placed under another Customs procedure or have been cleared for home use, the TIR Carnet shall take place without delay.

c) provisions concerning transport of heavy or bulky goods

ARTICLE 29

  1. The provisions of this section apply only to the transport of heavy or bulky goods as defined in paragraph (k)) of article 1 of this Convention.
  2. If the provisions of this section apply, heavy or bulky goods may, by a decision of the Customs authorities of departure, be carried out using sealed vehicles or containers.
  3. The provisions of this section apply only where, in the opinion of the Customs authorities of the Office of departure, the heavy or bulky goods carried and any accessories at the same time can be easily identified by their description, or supply them with Customs seals and/or distinctive signs so as to prevent any substitution, or removal of the goods without leaving visible traces.

ARTICLE 30

All the provisions of this Convention, save those to which the special provisions of this section, shall apply to the transport of heavy or bulky goods under the TIR procedure.

ARTICLE 31

The liability of the guaranteeing association covers not only the goods enumerated in the TIR Carnet, but also for goods which, though not enumerated in the Carnet, are on the platform or among the goods enumerated in the TIR Carnet.

ARTICLE 32

The cover and all vouchers of the TIR Carnet shall be made in bold lettering: "heavy or bulky goods" in English or French.

ARTICLE 33

The Customs authorities of the Office of departure may require packing lists, photographs, drawings, etc., that are considered necessary for identification of the goods carried, were appended to the TIR Carnet. In this case they certify these documents; one copy of these documents is attached to the inside cover of the TIR Carnet, and all the manifests of the Carnet is marked on the availability of these documents.

ARTICLE 34

The Customs authorities of the Customs offices en route of each Contracting Party shall recognize the Customs seals and/or identifying marks affixed by the competent authorities of the other Contracting Parties. They can, however, add other seals and/or identifying marks; in this case, they make notes about the new seals and seals and/or identifying marks on the vouchers of the TIR Carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR Carnet.

ARTICLE 35

If the path or at the Customs Office of producing cargo inspection staff are forced to remove the seals and/or identifying marks, they make notes about the new seals and seals and/or identifying marks on the vouchers of the TIR Carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR Carnet.

CHAPTER IV. VIOLATION OF THE PROVISIONS OF THE CONVENTION

ARTICLE 36

Any breach of the provisions of this Convention shall render the offender liable in the country where the offence was committed, sanctions prescribed by the law of that country.

ARTICLE 37

In cases where it is not possible to determine the territory in which the violation occurred, it is believed that it occurred on the territory of the Contracting Party where it was discovered.

ARTICLE 38

  1. Each Contracting Party shall have the right to exclude temporarily or permanently from the operation of this Convention any person guilty of a serious offence against the customs laws or regulations applicable to the international transport of goods.
  2. Such exclusions are immediately reported to the Customs authorities of the Contracting Party on whose territory the person concerned is or has permanent residence, as well as the guarantor (s) Association (s) in the country where the violation was committed.

ARTICLE 39

In cases where the TIR operation has been recognized in other respects properly executed:

  1. The Contracting Parties shall disregard minor discrepancies relating to compliance with the prescribed time limits or routes.
  2. Likewise, discrepancies between the information in the goods manifest of the TIR Carnet and the contents of a road vehicle, combination of vehicles or container shall not be considered as a violation of this Convention, the TIR Carnet holder, if powered satisfies the competent authorities proof that these differences are not the result of mistakes made deliberately or negligently during loading or shipment or when you prepare the manifest.

ARTICLE 40

The customs administrations of the countries of departure and of destination shall not consider the holder of the Carnet responsible for the discrepancies which may be discovered in those countries, when the discrepancies in fact relate to the customs procedures which preceded or followed a TIR operation and to which the owner of the specified the Carnet was not involved.

ARTICLE 41

If the Customs authorities with sufficient proof that the goods specified on the manifest of a TIR Carnet have been destroyed or have been irrecoverably lost by accident or force majeure or that the shortage is the result of reason of their nature, they are exempt from the payment of duties and taxes normally due.

ARTICLE 42

Upon receipt of a request the Contracting Party from giving the relevant reasons, the competent authorities of the contracting parties concerned in the TIR operation, provide all the available information needed for implementation of the provisions of the above articles 39, 40 and 41.

CHAPTER V EXPLANATORY NOTES

ARTICLE 43

The explanatory notes contained in annexes 6 and 7 (part III), gives a interpret certain provisions of this Convention and its annexes. They also describe certain recommended practices.

CHAPTER VI. VARIOUS ORDERS

ARTICLE 44

Each Contracting Party shall provide the guaranteeing associations concerned benefits in respect of:

  • a currency translation) needed for payment of the sums levied by the competent authorities of Contracting Parties by virtue of the provisions of article 8 of this Convention; and
  • (b) currency translation) needed to pay for TIR Carnet forms sent to the guaranteeing associations by foreign associations of their correspondents, or international organizations.

ARTICLE 45

Each Contracting Party shall publish a list of Customs offices of departure, customs offices en route and customs offices of destination, which it intends to produce a TIR operation. The Contracting Parties are countries whose territories are contactable, will consult to determine with the consent of the relevant border customs offices and their hours of business.

ARTICLE 46

  1. In connection with the customs operations mentioned in this Convention, does not give the right to claim payment of the fees, except when these formalities are made not in days and hours and not in places normally provided for their production.
  2. The Contracting Parties shall take all measures in their power to facilitate customs operations connected with perishable goods.

ARTICLE 47

  1. The provisions of this Convention shall not serve as an obstacle neither for the application of restrictions and controls imposed under national regulations on grounds of public morality, public security, hygiene or public health, or on grounds of veterinary or phytopathological reasons, nor the levy of dues chargeable by virtue of such regulations.
  2. The provisions of this Convention shall not prevent the application of other provisions of national or international governing transport.

ARTICLE 48

None of the provisions of this Convention shall not exclude the right of the Contracting Parties which form a customs or economic Union, apply special provisions in respect of transport operations commencing or terminating, or passing through, their territories implemented, provided that such provisions do not attenuate the facilities provided for by this Convention.

ARTICLE 49

The provisions of this Convention shall not prevent the application of large facilities which Contracting Parties grant or may wish to grant either by unilateral provisions or by virtue of bilateral or multilateral agreements provided that such facilities do not impede the application of the provisions of this Convention and, in particular, TIR operations.

ARTICLE 50

The Contracting Parties shall exchange upon request information necessary for the application of the provisions of this Convention, in particular information regarding the approval of road vehicles or containers, as well as the technical characteristics of their design.

ARTICLE 51

Annexes to this Convention form an integral part of the Convention.

CHAPTER VII. FINAL PROVISIONS

ARTICLE 52

Signature, ratification, acceptance, approval and accession

  1. All States members of the United Nations or members of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, as well as any other State invited by the General Assembly of the United Nations, may become Contracting Parties to this Convention:
    1. by signing it without reservation of ratification, acceptance or approval;
    2. by depositing an instrument of ratification, acceptance or approval after signing it subject to ratification, acceptance or approval;
    3. by depositing an instrument of accession.
  2. This Convention shall be open for signature by States referred to in paragraph 1 of this article, at the United Nations Office in Geneva from January 1, 1976 year to December 31, 1976 year inclusive. Thereafter, it shall be open for accession.
  3. Customs or economic unions may, in accordance with the provisions of paragraphs 1 and 2 of this article, to become Contracting Parties to this Convention, together with all their Member States or at any time after all Member States become Contracting Parties to this Convention. However, these unions shall not have the right to vote.
  4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.

ARTICLE 53

The entry into force of the

  1. This Convention shall enter into force six months after the date on which five of the States referred to in article 52, paragraph 1, have signed it without reservation of ratification, acceptance or approval or have deposited their instruments of ratification, acceptance, approval or accession.
  2. After five of the States referred to in article 52, paragraph 1, have signed it without reservation of ratification, acceptance or approval or have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for all Contracting Parties six months after the date of deposit of their instruments of ratification, acceptance, approval or accession.
  3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be deemed to apply to this Convention as amended.
  4. Any such instrument deposited after an amendment has been accepted but before it has entered into force shall be deemed to apply to this Convention as amended after the date of entry into force of the amendment.

ARTICLE 54

Denunciation

  1. Each Contracting Party may denounce this Convention by notification addressed to the Secretary-General of the United Nations.
  2. Denunciation shall take effect fifteen months after the date of receipt by the Secretary-General of the notification of denunciation.
  3. The validity of TIR Carnets accepted by the Customs Office of the country of origin before the date of entry into force, denunciation is not affected by this denunciation, and the guarantee of the guaranteeing associations shall remain in force in accordance with the terms of this Convention.

ARTICLE 55

Termination

If, after the entry into force of this Convention, the number of Contracting Parties is less than five for any period of twelve consecutive months, the present Convention shall cease to have effect upon the expiry of the said period of twelve months.

ARTICLE 56

Termination of the TIR Convention, 1959 year

  1. Since its entry into force, this Convention shall be repealed and replaced in relations between Contracting Parties to this Convention, the TIR Convention, 1959 year.
  2. Certificate of approval issued in respect of road vehicles and containers under the conditions of the TIR Convention, 1959 year shall be adopted by the Contracting Parties to this Convention during the period of their validity or any extension of it for transport of goods under Customs seal, provided that such vehicles and containers continue to fulfil the conditions under which they were originally approved for transport.

ARTICLE 57

Resolution of disputes

  1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, so far as possible be settled by negotiation between them or other means of settlement.
  2. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which cannot be resolved in ways provided for in paragraph 1 of this article shall, at the request of one of them, the arbitral tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator, who shall be Chairman. If, at the expiration of three months from the date of receipt of a request by one of the parties has not appointed an arbitrator or the arbitrators could not elect the Chairman, any of the parties may request the Secretary-General of the United Nations to appoint an arbitrator or the Chairman of the Arbitration Court.
  3. The decision of the arbitration tribunal appointed in accordance with the provisions of paragraph 2 shall be binding on the disputing parties.
  4. The Arbitration Tribunal shall determine its own rules of procedure.
  5. The decisions of the arbitral tribunal shall be taken by majority vote.
  6. Any controversy which may arise between them concerning the interpretation and execution of the award may be submitted by either party to the arbitral tribunal which rendered it.

ARTICLE 58

Reservations

  1. Each State may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraphs 2-6 of article 57 of the Convention. Other Contracting Parties shall not be bound by these paragraphs with respect to any Contracting Party which has entered such a reservation.
  2. Any Contracting Party having entered a reservation in accordance with paragraph 1 of this article may at any time take the reservation by notifying the Secretary-General of the United Nations.
  3. Apart from the reservations provided for in paragraph 1 of this article, no reservation to this Convention shall be permitted.

ARTICLE 59

Procedure for the amendment of this Convention

  1. Amendments to this Convention, including its annexes, may be amended upon the proposal of a Contracting Party in accordance with the procedure laid down in this article.
  2. Any proposed amendment to this Convention shall be considered by the Administrative Committee composed of all the Contracting Parties in accordance with the rules of procedure set out in annex 8. Any such amendment considered or prepared during the session of the Administrative Committee and adopted by it by a two-thirds majority of those present and voting shall be communicated by the Secretary-General of the United Nations to the Contracting Parties for their acceptance.
  3. Except as provided for under article 60, any proposed amendment communicated in accordance with the preceding paragraph shall enter into force for all Contracting Parties three months after the expiry of a period after the date of communication of the proposed amendment if, during that period, the Secretary-General of the United Nations has not received from any State which is a Contracting Party, any objection to the proposed amendment. 4. If an objection to the proposed amendment has been communicated in accordance with the provisions of paragraph 3 of this article, the amendment shall be deemed not to have been accepted and no measures are taken.

ARTICLE 60

Special procedure for amending Annexes 1, 2, 3, 4, 5, 6 and 7

  1. Any proposed amendment to annexes 1, 2, 3, 4, 5, 6 and 7, reviewed in accordance with paragraphs 1 and 2 of article 59 shall come into force within the period prescribed by the Administrative Committee at the time of its adoption, unless by an earlier deadline set by the Administrative Committee at the same time, one fifth or five of the States which are Contracting Parties, whichever is the lower of the two numbers not notify the Secretary-General of the United Nations of their objection to the amendment. Determination by the Administrative Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.
  2. On entry into force, any amendment adopted in accordance with the procedure laid down in paragraph 1 above shall replace for all Contracting Parties any previous provision to which the amendment applies.

ARTICLE 61

Requests, communications and objections

The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in article 52, paragraph 1, of this Convention of any request, communication or objection under articles 59 and 60 above and of the date on which any amendment enters into force.

ARTICLE 62

A review Conference

  1. Any State which is a Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing this Convention.
  2. A review conference to which all Contracting Parties and all States referred to in paragraph 1 of article 52, shall be convened by the Secretary-General of the United Nations if, within a period of six months after the date of notification by the Secretary-General, at least one fourth of the States which are Contracting Parties notify him of their concurrence with the request.
  3. A review conference to which all Contracting Parties and all States referred to in article 52, paragraph 1, shall also be convened by the Secretary-General of the United Nations upon receipt of such a request by the Administrative Committee. The Administrative Committee shall decide whether to make such a request, a majority of the members present and voting in the Committee.
  4. If, in accordance with paragraphs 1 and 3 of this article, the Conference shall be convened by the Secretary-General of the United Nations shall notify all the Contracting Parties and invite them to submit within a period of three months, the proposals which they wish the Conference to consider. At least three months before the opening of the Conference, the Secretary-General shall circulate to all Contracting Parties the provisional agenda for the Conference together with the texts of such proposals.

ARTICLE 63

Notification

In addition to the notifications and communications provided for in articles 61 and 62, the Secretary-General of the United Nations shall inform all States referred to in article 52:

  • (a)) on signature, ratification, acceptance, approval and accession in accordance with article 52;
  • (b)) the dates of entry into force of this Convention in accordance with article 53;
  • c) denunciations in accordance with article 54;
  • (d)) on the termination of this Convention in accordance with article 55;
  • (e)) of reservations made in accordance with article 58.

ARTICLE 64

Authentic text

After December 31, 1976 year of the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the Contracting Parties and each of the States referred to in paragraph 1 of article 52, which are not Contracting Parties.

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.

Done at Geneva, this fourteenth of November, one thousand nine hundred and seventy-five, in a single original in the English, French and Russian languages, all three texts being equally authentic.