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RECOMMENDATION OF THE CUSTOMS CO-OPERATION COUNCIL
ON THE COMMUNICATION OF INFORMATION
CONCERNING THE CUSTOMS STATUS OF GOODS
(22nd MAY 1963, T2-323)

THE CUSTOMS CO-OPERATION COUNCIL,

CONSIDERING that in some cases the Customs authorities of the country of importation would be in a better position to determine the origin which should be assigned to imported goods under their domestic law if they were aware of the Customs status of the goods in the country of consignment,

RECOMMENDS that Members of the Council and members of the United Nations Organization or its specialized agencies, and Customs or Economic Unions, should :

1. furnish particulars of the Customs status of exported goods if such information is requested by another Member;

2. state in such cases, and provided that such particulars are readily available without further investigation or research to the Customs authorities at the port or place of exportation, whether the exported goods:

(a) had been admitted under a Customs procedure affording conditional relief from import duties and taxes (e.g., Customs transit, bonded warehouse, temporary admission); or

(b) were in a free zone or free port or had been transhipped; or

(c) are the subject of a claim for drawback in respect of Customs duties or for their repayment under any other provisions; or

(d) were in free circulation. Goods regarded as being in free circulation are goods not included in categories (a), (b) or (c) above;

3. require such information only in exceptional cases, in respect of a small number of products at the same time, and for short periods;

4. communicate such information subject to the following conditions:

(a) the exporter should, in each case, specifically request the particulars from the Customs authorities;

(b) the particulars should in principle be communicated on a copy of a commercial document (e.g. the invoice) produced for that purpose to the Customs authorities of the country of exportation;

(c) the particulars should be dated and should bear the signature of the Customs Officer and the official Customs stamp;

(d) it is the exporter's responsibility to forward the certified document to the importer;

POINTS OUT that:

1. a Customs Administration who accepts the present Recommendation is not obliged to furnish the information provided for therein to another Customs Administration which has not accepted the Recommendation;

2. the Customs authorities of the country of exportation are not required to furnish the particulars if they are requested after the exportation of the goods concerned;

3. the present Recommendation does not prevent the communication of additional particulars which certain parties furnish or by virtue of bilateral or multilateral agreements;

REQUESTS Members of the Council and members of the United Nations Organization or its specialized agencies, and Customs or Economic Unions which accept this Recommendation to notify the Secretary General of the Council of the date from which they will apply the Recommendation and of the conditions of its application. The Secretary General will transmit this information to the Customs administrations of all Members of the Council. He will also transmit it to the Customs administrations of the members of the United Nations Organization or its specialized agencies and to Customs or Economic Unions which have accepted this Recommendation.
 

* The Customs Co-operation Council is the official name of the World Customs Organization.