Article 12 Provisions relating to international trade

Geldend

Documentgegevens:

Geldend vanaf 16-08-1976

Bronpublicatie:: 21-02-1971, Trb. 1989, 129 (uitgifte: 04-10-1989, kamerstukken/regelingnummer: -)
Inwerkingtreding: 16-08-1976
Bronpublicatie inwerkingtreding:: 21-02-1971, Trb. 1989, 129 (uitgifte: 04-10-1989, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Bijzondere onderwerpen

1

a)

Every Party permitting the export or import of substances in Schedule I or II shall require a separate import of[lees: or] export authorization, on a form to be established by the Commission, to be obtained for each such export or import whether it consists of one or more substances.

b)

Such authorization shall state the international non-proprietary name, or, lacking such a name, the designation of the substance in the Schedule, the quantity to be exported or imported, the pharmaceutical form, the name and address of the exporter and importer, and the period within which the export or import must be effected. If the substance is exported or imported in the form of a preparation, the name of the preparation, if any, shall additionally be furnished. The export authorization shall also state the number and date of the import authorization and the authority by whom it has been issued.

c)

Before issuing an export authorization the Parties shall require an import authorization, issued by the competent authority of the importing country or region and certifying that the importation of the substance or substances referred to therein is approved, and such an authorization shall be produced by the person or establishment applying for the export authorization.

d)

A copy of the export authorization shall accompany each consignment, and the Government issuing the export authorization shall send a copy to the Government of the importing country or region.

e)

The Government of the importing country or region, when the importation has been effected, shall return the export authorization with an endorsement certifying the amount actually imported, to the Government of the exporting country or region.

2

a)

The Parties shall require that for each export of substances in Schedule III exporters shall draw up a declaration in triplicate, on a form to be established by the Commission, containing the following information:

(i): the name and address of the exporter and importer;
(ii): the international non-proprietary name, or, failing such a name, the designation of the substance in the Schedule;
(iii): the quantity and pharmaceutical form in which the substance is exported, and, if in the form of a preparation, the name of the preparation, if any; and
(iv): the date of despatch.

b)

Exporters shall furnish the competent authorities of their country or region with two copies of the declaration. They shall attach the third copy to their consignment.

c)

A Party from whose territory a substance in Schedule III has been exported shall, as soon as possible but not later than ninety days after the date of despatch, send to the competent authorities of the importing country or region, by registered mail with return of receipt requested, one copy of the declaration received from the exporter.

d)

The Parties may require that, on receipt of the consignment, the importer shall transmit the copy accompanying the consignment, duly endorsed stating the quantities received and the date of receipt, to the competent authorities of his country or region.

3.

In respect of substances in Schedules I and II the following additional provisions shall apply:

a): The Parties shall exercise in free ports and zones the same supervision and control as in other parts of their territory, provided, however, that they may apply more drastic measures.
b): Exports of consignments to a post office box, or to a bank to the account of a person other than the person named in the export authorization, shall be prohibited.
c): Exports to bonded warehouses of consignments of substances in Schedule I are prohibited. Exports of consignments of substances in Schedule II to a bonded warehouse are prohibited unless the Government of the importing country certifies on the import authorization, produced by the person or establishment applying for the export authorization, that it has approved the importation for the purpose of being placed in a bonded warehouse. In such case the export authorization shall certify that the consignment is exported for such purpose. Each withdrawal from the bonded warehouse shall require a permit from the authorities having jurisdiction over the warehouse and, in the case of a foreign destination, shall be treated as if it were a new export within the meaning of this Convention.
d): Consignments entering or leaving the territory of a Party not accompanied by an export authorization shall be detained by the competent authorities.
e): A Party shall not permit any substances consigned to another country to pass through its territory, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorization for consignment is produced to the competent authorities of such Party.
f): The competent authorities of any country or region through which a consignment of substances is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the accompanying copy of the export authorization, unless the Government of the country or region through which the consignment is passing authorizes the diversion. The Government of the country or region of transit shall treat any requested diversion as if the diversion were an export from the country or region of transit to the country or region of new destination. If the diversion is authorized, the provisions of paragraph 1 e) shall also apply between the country or region of transit and the country or region which originally exported the consignment.
g): No consignment of substances, while in transit or whilst being stored in a bonded warehouse, may be subjected to any process which would change the nature of the substance in question. The packing may not be altered without the permission of the competent authorities.
h): The provisions of sub-paragraphs e) to g) relating to the passage of substances through the territory of a Party do not apply where the consignment in question is transported by aircraft which does not land in the country or region of transit. If the aircraft lands in any such country or region, those provisions shall be applied so far as circumstances require.
i): The provisions of this paragraph are without prejudice to the provisions of any international agreements which limit the control which may be exercised by any of the Parties over such substances in transit.