United Nations Convention on International Multimodal Transport of Goods

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    UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENTGeneva

    I .

    United Nations Conferenceon a Convention on InternationalMultimodal Transport

    Held at Geneva from 12 to 3 November 1979 first part of the session)and from 8 to 24 May 198 resumed session)

    Volume I

    Final ActandConvention o International Multimodal

    Transport of Goods

    UNITED NATIONSNew York 98

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    NOTSymbols o United Nations documents are composed o capital letterscombined with figures. Mention o such a symbol indicates a reference to a UnitedNations document.

    TDIMTICONF I7

    UNITED NATIONS PUBLICATION

    ales No E.8I.II .D.7 (Vol. I

    Price: U.S. 9.00

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    GENERAL CONTENTSVOLUM

    Final Act of the United Nations Conference on a Convention on International Mu1timoda1 Transport of Goods . . . . . . . . . . . . . . . .Annex United Nations Convention on International Multimoda1 Transport

    Page

    of Goods 4

    VOLUM

    Part OneA. Report of the United Nations Conference on International Mu1timoda1Transport first part of the session Geneva, 12-30 November 1979)B Draft convention on international multimoda1 transport as at the closure ofthe

    first part of the session of the Conference, on 30 November 1979Part Two

    Report of the United Nations Conference on a Convention on InternationalMultimoda1 Transport resumed session Geneva, 8-24 May 1980)

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    FINAL ACT OF THE UNITED NATIONS CONFERENCE ON A CONVENTIONON INTERNATIONAL MULTlMODAL TRANSPORT OF GOODS

    1 The General Assembly of the United Nations, byresolution 33/160 of2 December 1978, decided that aconference of plenipotentiaries should be convened toconsider and adopt a convention on international multimodal transport, and requested the Trade and Development Board ofUNCTAD to consider the appropriatedate for the Conference.2 The United Nations Conference on a Conventionon International Multimodal Transport was convened,under the auspices ofUNCTAD, at the United Nations

    Office at Geneva. The first part of the Conference washeld from 12 to 30 November 1979 and the resumedsession from 8 to 24 May 1980.3 Representatives of the following 77 members ofUNCT AD participated in both parts of the Conference,namely representatives of: Algeria; Argentina; Australia; Austria; Belgium; Brazil; Bulgaria; Burundi; Byelorussian Soviet Socialist Republic; Canada; Chile;Colombia; Cuba; Czechoslovakia; Denmark; Ecuador;Egypt; Ethiopia; Finland; France; Gabon; GermanDemocratic Republic; Germany, Federal Republic of;Ghana; Greece; Hungary; India; Indonesia; Iraq; Ireland; Israel; Italy; Jamaica; Japan; Kenya; Lebanon;

    Madagascar; Malawi; Malaysia; Malta; Mexico; Morocco; Netherlands; New Zealand; Nigeria; Norway; Panama; Peru; Philippines; Poland; Portugal; Republic ofKorea; Romania; Saudi Arabia; Senegal; Somalia;Spain; Sri Lanka; Sudan; Sweden; Switzerland; SyrianArab Republic; Thailand; Trinidad and Tobago; u n i ~sia; Turkey; Ukrainian Soviet Socialist Republic; Unionof Soviet Socialist Republics; United Kingdom of GreatBritain and Northern Ireland; United Republic ofCameroon; United Republic of Tanzania; United Statesof America; U ruguay; Venezuela; Yugoslavia; Zaire.4 Representatives of the following 10 members ofUNCTAD participated only at the first part of theConference, namely representatives of: Bangladesh;

    Bolivia; Central African Republic; Dominican Republic; Guinea; Ivory Coast; Jordan; Liberia; Luxembourg;Rwanda.5 Representatives of the following members ofUNCTAD participated only in the resumed session ofthe Conference, namely representatives of: Cyprus; ElSalvador; Honduras; Libyan Arab J amahiriya; Pakistan;Uganda; Yemen.6 The Economic Commission for Africa and theEconomic Commission for Europe were represented atthe Conference.7 The United Nations Industrial DevelopmentOrganization was represented at the Conference.8 Representatives of he following specialized agencies and observers for the following intergovernmentaland non-governmental organizations participated in

    both parts ofthe Conference in accordance with rules 54,55 and 56 of the rules of procedure:Specialized agencies: International Civil AviationOrganization; Inter-Governmental Maritime Consultative Organization. The International LabourOrganisation participated only in the first part of theConference.Intergovernmental organizations: Central Office forInternational Railway Transport ; Customs Co-operation Council; European Economic Community;

    International Institute for the Unification of PrivateLaw; Organisation for Economic Co-operation andDevelopment; Organization of African Unity; Organization of American States.Non governmental organizations: Baltic and International Maritime Conference; International AirTransport Association; International Chamber ofCommerce; International Chamber of Shipping;International Container Bureau; International Federation of Freight Forwarders Associations; International Road Transport Union; InternationalShipowners Association; International Union ofMarine Insurance; Latin American ShipownersAssociation.9 The following intergovernmental organizationsparticipated only at the resumed session of the Conference: Arab Federation of Shipping; Council of ArabEconomic Unity; League of Arab States.10 The following non-governmental organizationwas represented by an observer only at the resumedsession of the Conference: International Union of Railways.11 An observer from the South West African People s Organization participated at both parts of theConference.12 An observer from the Patriotic Front partici

    pated only at the first part of the Conference.13 The Conference elected Mr. E. Selvig (Norway)as President.14 The Conference, at its first part, elected asVice-Presidents representatives of: Algeria (Mrs. C.Sellami-Meslem); Argentina (Mr. G. Martinez); Canada(Mr. D.A.D. Saarty); China (Mr. Liang Yufan); Czechoslovakia (Mr. J. Ruzicka); Federal Republic ofGermany (Mr. P. Bethkenhagen); India (Mr. R. Pradhan); Iraq (Mr. D. AI-Hilali); Italy (Mr. P. Janni); Japan(Mr. M. Sawaki); Sri Lanka (Mr. W.D. Soysa); Sweden(Mrs. B Blom);Union of Soviet Socialist Republics (Mr.D. Zotov); United Republic of Cameroon (Mr. A.

    Ndam); Venezuela (Mr. O. Villegas).TD/MT/CONF/9

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    15 The Conference, at its resumed session, electedMr. F. Suzuki Japan) to replace Mr. M. Sawaki Japan)and Mr. M. Sikic Yugoslavia) to replace Mr. R.Pradhan India), who were unable to attend the resumedsession of the Conference.

    16. The Conference elected Mr. P. Romano MoreiraBrazil) as Rapporteur.17. The Conference established the following Committees:

    General CommitteeChairman: The President of the ConferenceMembers: The President, Vice-Presidents and Rappor

    teur of the Conference, and the Chairmen ofthe Firstand of the Second Committee

    First CommitteeChairman: Mr. B. Mbakileki United Republic of Tanzania)Vice-Chairman:Mr. S Suchorzewski Poland) .

    Second CommitteeChairman: Mr. D. Popov Bulgaria)Vice-Chairman: Mr. D. AI-Hilali Iraq)

    Drafting CommitteeChairman: Mr. R. Cleton Netherlands)Vice-Chairman: Mr. Zhu Zengjie China)Members: Mrs. A.M. Donato Argentina); Mr. I StarecBrazil); Mr. B Christov Bulgaria); Mr. Zhu ZengjieChina); Mr. I Leon Montesino Cuba); Mu M.PohUnek Czechoslovakia); Mr. J.P. BeraudoFrance); Mr. R.K. Dixit India); Mr. Z.K. AbbasIraq); Mr. R. Cleton Netherlands); Mrs. K. BruzeliusNorway); Mrs. M. Guzman Spain);Mr. B.G. NilssonSweden); Mr. A. Abdeljaouad Tunisia); Mr. O.Sadikov Union of Soviet Socialist Republics); SirBrian MacKenna, Mr. R.M.L. Duffy, Mr. D.J.L.Watkins, Mr. R. Wollman United Kingdom of GreatBritain and Northern Irleland); Mr. M. Ayissi UnitedRepublic of Cameroon); Mr. L.T. Kalunga UnitedRepublic of Tanzania); Mr. P.B. Larsen UnitedStates of America); Mr. V. Borci6, Mr. D. Pavic, Mr.

    A Vlaskalin Yugoslavia).

    Credentials CommitteeChairman: Mr. J. Poswick Belgium)Members: Belgium, China, Ecuador, Kenya, Pakistan,Panama, Senegal, Union of Soviet Socialist Republics, and United States of America.

    18 The Secretary-General of the United Nationswas represented by Mr. G. Corea, Secretary-General ofUNCTAD. Mr. A. AI-Jadir, Director of the Shipping2

    Division of the secretariat of UNCTAD, served asDirector-in-Charge of the Conference, and Mrs. CSramek, Assistant Secretary of the Trade and Development Board of UNCTAD, served as secretary of theConference.19. The Conference had before it, as a basis for itswork, the draft convention on international multimodaltransport prepared and approved by the Intergovernmental Preparatory Group on a Convention on International Multimodal Transport at its sixth session andthe draft provisions on the final clauses prepared by theUNCTAD secretariat, contained in the report of theIntergovernmental Preparatory Group on its sixth session. 2 The Conference had also before it the commentsby Governments on the draft convention on international multimodal transport, and on the draft provisions of the final clauses. 3 At its resumed session, theConference also had before it the report of the Conference on the first part of its session,4 including the text ofthe draft convention on international multimodal transport as at the adjournment of the Conference, on 30

    November 1979.520. At the request of the International Civil Aviation Organization, the Customs Co-operation Counciland the Central Office for International Railway Transport, the UNCT AD secretariat circulated to the Conference documents prepared by each of these intergovernmental organizations.6

    21. The Conference also had before it a note prepared by the UNCTAD secretariat on resolutions anddecisions concerning the preparation of a draft convention and the convening of the Conference.7

    22. On the basis of its deliberations as recorded inthe reports of the Conference on the first part of itssession and its resumed session,8 the Conference prepared the UNITED NATIONS CONVENTION ONINTERNATIONAL MULTIMODAL TRANSPORTOF GOODS, the text of which is annexed to this FinalAct.

    23. That Convention was adopted by the Conference on 24 May 1980. The Convention will be open forsignature at the United Nations Headquarters in NewYork from 1September 1980 until 31 August 1981, afterwhich date it will be open for accession, in accordancewith its provisions.24. The Convention is deposited with the Secretary

    General of the United Nations.25. Articles I to VI on customs matters relating tointernational multimodal transport of goods areannexed to the Convention.

    1 The draft convention was circulated in document TD/MTCONF/I; the report in document TD/MT/CONF/J/Add.J reproduced in Official Records o{the Trade nd Development BoardAnnexes. agenda item 3).lTDIMT/CONF/4 and Add. 1-3.4 TDIMT CONFI 12/Add. I reproduced in volume U of he presentdocument).5 TD/MT ICONF/12 ibid.).b TD/MT/CONF/6 TD/MT/CONFI7 and TD/MT/CONF/S respectively.7 TDIMT CONFIS., TD/MT CONF 6 Add.1 reproduced in volume Uof he presentvolume).

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    IN WITNESS WHEREOF the undersigned representatives have signed this Final Act on behalf of theirrespective States.The States whose representatives signed the Final Act are: Algeria;Argentina; Australia; Austria; Belgium; Brazil; Bulgaria; Burundi;Byelorussian Soviet Socialist Republic; Canada; Chile; China; Colom-bia; Cuba; Czechoslovakia; Denmark; Ecuador; Egypt; El Salvador;Ethiopia; Finland; France; Gabon; German Democratic Republic;Germany Federal Republic of Ghana; Greece; Honduras; Hungary;India; Indonesia; Iraq; I reland; Israel; Italy; Ivory Coast; Japan; Kenya;Lebanon; Libyan Arab Jamahiriya; Madagascar; Mexico; Morocco;Netherlands; New Zealand; Nigeria; Norway; Panama; Peru; Poland;Portugal; Romania; Senegal; Spain; Sri Lanka; Sweden; Switzerland;Syrian Arab Republic; Thailand; Trinidad and Tobago; Tunisia;Turkey; Uganda; Ukrainian Soviet Socialist Republic; Union ofSovietSocialist Republics; United Kingdom of Great Britain and NorthernIreland; United Republic ofCameroon; United Republic of Tanzania;United States of America; Venezuela; Yugoslavia.

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    DONE AT Geneva this twenty-fourth day ofMay onethousand nine hundred and eighty in a single copy inthe Arabic Chinese English French Russian andSpanish languages each text being equally authentic.

    President o the ConferenceE. SELVIG

    Director in charge o he ConferenceA. AL-JADIR

    Secretary o he ConferenceC SRAMEK

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    ANNEXUNITED N TIONS CONVENTION O INTERN TION LMULTIMOD L TR NSPORT OF GOODS

    CONTENTS

    rticle P RT I GENER L PROVISIONSI Definitions .2. Scope of application3 Mandatory application4. Regulation and control of multimodal transport

    P RT H DOCUMENT TION5 Issue of multimodal transport document6 Negotiable multi modal transport documen t7 Non-negotiable multimodal transport document8 Contents of the multimodal transport document9 Reservations in the multimodal transport document

    10. Evidentiary effect of the multimodal transport document11. Liability for inten tional misstatements or omissions12. Guarantee by the consignor13. Other documents .

    P RT IH. LIABILITY OF THE MULTIMODAL TRANSPORT OPERATOR

    age

    5666

    677777888

    14 Period of responsibili ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815 The liability of the multimodal transport operator for his servants. agents and otherpersons .16. Basis of liability .17. Concur rent causes18 Limitation of liability19. Localized damage20. Non-contractual liability21. Loss of the right to limit liability

    P RT IV. LIABILITY OF THE CONSIGNOR22. General rule .23. Special rules on dangerous goods

    P RT V. CLAIMS AND ACTIONS24. Notice of loss, damage or delay25. Limitation of actions26. Jurisdiction27. Arbitration '

    P RT VI SUPPLEMENTARY PROVISIONS28. Contractual stipUlations29. Genera l average .30. Other conventions .31. Unit of account or monetary unit and conversion

    4

    889999

    I

    ID10

    ID111111

    12121212

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    Article PART VII. CUSTOMS MATTERS Page32. Customs transit 13

    PART VIII. FINAL CLAUSES33. Depositary 1334. Signature, ratification, acceptance, approval and accession . . . . . . . . . . . . . . . . . 1335. Reservations 1336. Entry into force 1437. Date of application 1438. Rights and obligations under existing conventions . . . . . . . . . . . . . . . . . . . . . . 1439. Revision and amendments 1440. Denunciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

    Annex. Provisions on customs matters relating to international multi modal transport of goods 14

    UNITED N TIONS CONVENTIONON INTERN TION L MULTIMOD LTR NSPORT O GOODSThe States parties t this ConventionRecognizing:a) That international multi modal transport is onemeans of facilitating the orderly expansion of worldtrade;b) The need to stimulate the development ofsmooth, economic and efficient multimodal transportservices adequate to the requirements of the tradeconcerned;c) The desirability of ensuring the orderly development of international multimodal transport in theinterest of all countries and the need to consider thespecial problems of transit countries;cl) The desirability of determining certain rulesrelating to the carriage of goods by international multimodal transport contracts, including equitable provisions concerning the liability of multimodal transportoperators;e) The need that this Convention should not affect

    the application of any international convention ornational law relating to the regulation and control oftransport operations;f) The right of each State to regulate and control atthe national level multimodal transport operators andoperations;g) The need to have regard to the special interest andproblems of developing countries, for example, asregards introduction of new technologies, participationin multimodal services of their national carriers andoperators, cost efficiency thereof and maximum use oflocal labour and insurance;h) The need to ensure a balance of interests betweensuppliers and users of multimodal transport services;i) The need to facilitate customs procedures withdue consideration to the problems of transit countries;

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    Agreeing to the following basic principles:a) That a fair balanceof nterests between developedand developing countries should be established and anequitable distribution of activities between these groups

    of countries should be attained in international multimodal transport;b) That consultation should take place on terms andconditions of service, both before and after the introduction of any new technology in the multimodal transport

    of goods, between the multi modal transport operator,shippers, shippers' organizations and appropriatenational authorities;c) The freedom for shippers to choose betweenmultimodal and segmented transport services;d) That the liability of the multi modal transportoperator under this Convention should be based on theprinciple of presumed fault or neglect;

    Have decided to conclude a Convention for thispurpose and have thereto agreed as follows:

    PART IGeneral provisions

    Article 1DEFINITIONS

    For the purposes of this Convention:1. International multi modal transport means thecarriage of goods by at least two different modes oftransport on the basis ofa multimodal transport contractfrom a place in one country at which the goods are takenin charge by the multi modal transport operator to aplace designated for delivery situated in a different

    country. The operations of pick-up and delivery ofgoods carried out in the performance of a unimodaltransport contract, as defined in such contract, shall notbe considered as international multi modal transport.

    _

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    2 Multimodal transport operator means any person who on his own behalf or through another personacting on his behalf concludes a multimodal transportcontract and who acts as a principal, not as an agent oron behalf ofthe consignor or ofthe carriers participatingin the multi modal transport operations, and whoassumes responsibility for the performance of the contract.3 Multimodal transport contract means a contract whereby a multi modal transport operator undertakes, against payment of freight, to perform or toprocure the performance of international multimodaltransport.4 Multimodal transport document means adocument which evidences a multi modal transportcontract, the taking in charge of the goods by themultimodal transport operator, and an undertaking byhim to deliver the goods in accordance with the terms ofthat contract.5 Consignor means any person by whom or inwhose name or on whose behalf a multimodal transportcontract has been concluded with the multimodal

    transport operator, or any person by whom or in whosename or on whose behalfthe goods are actually deliveredto the multimodal transport operator in relation to themulti modal transport contract. .6 Consignee means the person entitled to takedelivery of the goods.7 Goods includes any container, pallet or similararticle of transport or packaging, if supplied by theconsignor.8 International convention means an international agreement concluded among States in writtenform and governed by international law.9 Mandatory national law means any statutory

    law concerning carriage ofgoods the provisions ofwhichcannot be departed from by contractual stipulation tothe detriment of the consignor.10 Writing means, inter alia telegram or telex.

    Article 2SCOPE OF APPLICATION

    The provisions of this Convention shall apply to allcontracts ofmulti modal transport between places in twoStates, if:a) The place for the taking in charge of the goods bythe multimodal transport operator as provided for in themulti modal transport contract is located in a Contracting State, orb) The place for delivery of the goods by themultimodal transport operator as provided for in themultimodal transport contract is located in a Contracting State.

    Article 3MANDATORY APPLICATION

    I When a multimodal transport contract has beenconcluded which according to article 2 shall be governed6

    by this Convention, the provisions of this Conventionshall be mandatorily applicable to such contract.2. Nothing in this Convention shall affect the right ofthe consignor to choose between multimodal transportand segmented transport.Article 4

    REGULATION AND CONTROL OF MUL TIMODALTRANSPORT

    I This Convention shall not affect, or be incompatible with, the application of any international convention or national law relating to the regulation andcontrol of transport operations.2 This Convention shall not affect the right of eachState to regulate and control at the national levelmultimodal transport operations and multimodal transport operators, including the right to take measuresrelating to consultations, especially before the introduction of new technologies and services, between multimodal transport operators, shippers, shippers' organizations and appropriate national authorities on terms andconditions of service; licensing ofmulti modal transportoperators; participation in transport; and all other stepsin the national economic and commercial interest.3 The multimodal transport operator shall complywith the applicable law of the country in which heoperates and with the provisions of this Convention.

    PART IIocumentation

    Article 5ISSUE OF MULTIMODAL TRANSPORT DOCUMENT1 When the goods are taken in charge by themultimodal transport operator, he shall issue a multimodal transport document which, at the option of theconsignor, shall be in either negotiable or non-negotiable form.2 The multimodal transport document shall besigned by the multi modal transport operator or by aperson having authority from him.3 The signature on the multimodal transport docu

    ment may be in handwriting, printed in facsimile,perforated, stamped, in symbols, or made by any othermechanical or electronic means, if not inconsistent withthe law of the country where the multimodal transportdocument is issued.4 If the consignor so agrees, a non-negotiable multimodal transport document may be issued by makinguse of any mechanical or other means preserving arecord of the particulars stated in article 8 to becontained in the multimodal transport document. Insuch a case the multimodal transport operator, afterhaving taken the goods in charge, shall deliver to theconsignor a readable document containing all the particulars so recorded, and such document shall for thepurposes of he provisions ofthis Convention be deemedto be a multimodal transport document.

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    ArticleNEGOTIABLE MULTIMODAL TRANSPORT DOCUMENT

    1. Where a multimodal transport document isissued in negotiable form:a) It shall be made out to order or to bearer;b) f made out to order it shall be transferable byendorsement;c) f made out to bearer it shall be transferablewithout endorsement;d) Ifissued in a set ofmore than one original it shallindicate the number of originals in the set;e) Ifany copies are issued each copy shall be markednon-negotiable copy .2. Delivery of the goods may be demanded from themulti modal transport operator or a person acting on hisbehalf only against surrender of the negotiable multimodal transport document duly endorsed where necessary.3. The multimodal transport operator shall be discharged from his obligation to deliver the goods if wherea negotiable multimodal transport document has beenissued in a set of more than one original, he or a personacting on his behalf has in good faith delivered the goodsagainst surrender of one of such originals.

    Article 7NON-NEGOTIABLE MULTIMODAL TRANSPORT

    DOCUMENT

    1. Where a multimodal transport document isissued in non-negotiable form it shall indicate a namedconsignee.2. The multimodal transport operator shall be discharged from his obligation to deliver the goods if hemakes delivery thereof to the consignee named in suchnon-negotiable multimodal transport document or tosuch other person as he may be duly instructed, as a rule,in writing.

    Article 8CONTENTS OF THE MULTIMODAL TRANSPORT

    DOCUMENT1. The multi modal transport document shall contain the following particulars:a) The general nature of the goods, the leadingmarks necessary for identification of the goods, anexpress statement, if applicable, as to the dangerouscharacter ofthe goods, the number ofpackages or pieces,and the gross weight of the goods or their quantityotherwise expressed, all such particulars as furnished bythe consignor;b) The apparent condition of the goods;c) The name and principal place of business of themultimodal transport operator;d) The name of the consignor;e) The consignee, if named by the consignor;f) The place and date of aking in charge ofthe goodsby the multimodal transport operator;

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    g) The place of delivery of the goods;h) The date or the period of delivery of the goods atthe place of delivery, if expressly agreed upon betweenthe parties;i) A statement indicating whether the multimodaltransport document is negotiable or non-negotiable;j) The place and date of issue of the multimodaltransport document;k) The signature of the multi modal transport operator or of a person having authority from him;l) The freight for each mode of transport, ifexpressly agreed between the parties, or the freight,including its currency, to the extent payable by theconsignee or other indication that freight is payable byhim.m) The intended journey route, modes of transportand places of transhipment, if known at the time ofissuance of the multi modal transport document;n) The statement referred to in paragraph 3ofarticle28;0) Any other particulars which the parties may agreeto insert in the multimodal transport document, if notinconsistent with the law of the country where themultimodal transport document is issued.2. The absence from the multimodal document ofone or more of the particulars referred to in paragraph 1

    of this article shall not affect the legal character of thedocument as a multimodal transport document provided that it nevertheless meets the requirements set outin paragraph 4 of article 1.Article 9

    RESERVATIONS IN THE MULTIMODAL TRANSPORTDOCUMENT

    1. f the multimodal transport document containsparticulars concerning the general nature, leadingmarks, number ofpackages or pieces, weight or quantityofthe goods which the multi modal transport operator ora person acting on his behalf knows, or has reasonablegrounds to suspect, do not accurately represent thegoods actually taken in charge, or ifhe has no reasonablemeans of checking such particulars, the multi modaltransport operator or a person acting on his behalf shallinsert in the multi modal transport document a reservation specifying these inaccuracies, grounds of suspicionor the absence of reasonable means of checking.

    2. f the mu1timodal transport operator or a personacting on his behalf fails to note on the multimodaltransport document the apparent condition of he goods,he is deemed to have noted on the multimodal transportdocument that the goods were in apparent good condition.Article 1

    EVIDENTIARY EFFECT OF THE MULTIMODALTRANSPORT DOCUMENT

    Except for particulars in respect of which and to theextent to which a reservation permitted under article 9has been entered:

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    a) The multimodal transport document shall beprima facie evidence of the taking in charge by themulti modal transport operator of he goods as describedtherein; andb) Proof o the contrary by the multimodal transportoperator shall not be admissible if the multimodaltransport document is issued in negotiable form and hasbeen transferred to a third party, including a consignee,who has acted in good faith in reliance on the description

    of the goods therein.

    ArticleLIABILITY FOR INTENTIONAL MISSTATEMENTS

    OR OMISSIONSWhen the multimodal transport operator, with intentto defraud, gives in the multimodal transport documentfalse information concerning the goods or omits anyinformation required to be included under paragraph 1

    a) or b) of article 8 or under article 9, he shall be liable,without the benefit of he limitation ofliability providedfor in this Convention, for any loss, damage or expensesincurred by a third party, including a consignee, whoacted in reliance on the description of the goods in themultimodal transport document issued.

    Article 2GUARANTEE BY THE CONSIGNOR

    1. The consignor shall be deemed to have guaran-teed to the multi modal transport operator the accuracy,at the time the goods were taken in charge by themultimodal transport operator, of particulars relating tothe general nature of the goods, their marks, number,weight and quantity and, if applicable, to the dangerouscharacter of the goods, as furnished by him for insertionin the multimodal transport document.

    2. The consignor shall indemnify the multi modaltransport operator against loss resulting from inaccura-cies in or inadequacies of the particulars referred to inparagraph 1 of this article. The consignor shall remainliable even if the multi modal transport document hasbeen transferred by him. The right of the multi modaltransport operator to such indemnity shall in no waylimit his liability under the multimodal transport con-tract to any person other than the consignor.

    Article 3OTHER DOCUMENTS

    The issue of the multi modal transport document doesnot preclude the issue, if necessary, of other documentsrelating to transport or other services involved ininternational multimodal transport, in accordance withapplicable international conventions or national law.However, the issue of such other documents shall notaffect the legal character of the multi modal transportdocument.

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    P RT IIIiability o the multimodal transport operator

    Article 4PERIOD OF RESPONSIBILITY

    1. The responsibility of the multi modal transportopera tor for the goods under this Convention covers theperiod from the t ime he takes the goods in his charge tothe time of their delivery.2. For the purpose of this article, the multimodaltransport operator is deemed to be in charge of thegoods:a) From the time he has taken over the goodsfrom:i) The consignor or a person acting on his behalf;

    orii) n authority or other third party to whom,pursuant to law or regulations applicable at the

    place of taking in charge, the goods must behanded over for transport;b) Until the time he has delivered the goods:i) By handing over the goods to the consignee; or

    ii) In cases where the consignee does not receive thegoods from the multimodal transport operator, byplacing them at the disposal of the consignee inaccordance with the multimodal transport con-tract or with the law or with the usage of theparticular trade applicable at the place of delive-ry; oriii) By handing over the goods to an authority or other

    third party to whom, pursuant to law or regula-tions applicable at the place of delivery, the goodsmust be handed over.

    3. In paragraphs 1 and 2 of this article, reference tothe multimodal transport operator shall include hisservants or agents or any other person of whose serviceshe makes use for the performance of the multimodaltransport contract, and reference to the consignor orconsignee shall include their servants or agents.Article 5

    THE LIABILITY OF THE MULTIMODAL TRANSPORTOPERATOR FOR HIS SERVANTS, AGENTS

    AND OTHER PERSONSSubject to article 21, the multimodal transport oper-ator shall be liable for the acts and omissions of hisservants or agents, when any such servant or agent isacting within the scope of his employment, or of anyother person of whose services he makes use for theperformance of the multimodal transport contract,when such person is acting in the performance of thecontract, as if such acts and omissions were his own.

    Article 6BASIS OF LIABILITY

    1. The multimodal transpor t operator shall be liablefor loss resulting from loss of or damage to the goods, as

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    well as from delay in delivery, if the occurrence whichcaused the loss, damage or delay in delivery took placewhile the goods were in his charge as defined in article14 unless the multimodal transport operator provesthat he, his servants or agents or any other personreferred to in article 15 took all measures that couldreasonably be required to avoid the occurrence and itsconsequences.2. Delay in delivery occurs when the goods have notbeen delivered within the time expressly agreed upon or,in the absence of such'agreement, within the time whichit would be reasonable to require of a diligent multimodal transport operator, having regard to the circumstances of the case.3. If the goods have not been delivered within 90consecutive days following the date of delivery determined according to paragraph 2 of this article, theclaimant may treat the goods as lost.

    Article 17CONCURRENT CAUSES

    Where fault or neglect on the part of the multimodaltransport operator, his servants or agents or any otherperson referred to in article 15 combines with anothercause to produce loss, damage or delay in delivery, themultimodal transport operator shall be liable only to theextent that the loss, damage or delay in delivery isattributable to such fault or neglect, provided that themultimodal transport operator proves the part of theloss, damage or delay in delivery not attributablethereto.

    Article 18LIMITAnON OF LIABILITY

    1. When the multimodal transport operator is liablefor loss resulting from loss of or damage to the goodsaccording to article 16 his liability shall be limited to anamount not exceeding 920 units of account per packageor other shipping unit or 2.75 units of account perkilogram of gross weight of the goods lost or damaged,whichever is the higher.2. For the purpose of calculating which amount is

    the higher in accordance with paragraph 1 ofthis article,the following rules apply:a) Where a container, pallet or similar article oftransport is used to consolidate goods, the packages orother shipping units enumerated in the multi modaltransport document as packed in such article of transport are deemed packages or shipping units. Except asaforesaid, the goods in such article of transport aredeemed one shipping unit.b) n cases where the article of transport itself hasbeen lost or damaged, that article of transport, if notowned or otherwise supplied by the multimodal transport operator, is considered one separate shippingunit.3. Notwithstanding the provisions of paragraphs 1and 2 of this article, if the international multimodaltransport does not, according to the contract, include

    9

    carriage of goods by sea or by inland waterways, theliability of the multimodal transport operator shall belimited to an amount not exceeding 8.33 units ofaccount per kilogram ofgross weight of the goods lost ordamaged.4. The liability of the multimodal transport operator for loss resulting from delay in delivery according tothe provisions ofarticle 16 shall be limited to an amountequivalent to two and a half times the freight payable forthe goods delayed, but not exceeding the total freightpayable under the multimodal transport contract.

    5. The aggregate liability of the multimodal transport operator, under paragraphs 1 and 4 or paragraphs 3and 4 of his article, shall not exceed the limit ofliabilityfor total loss of the goods as determined by paragraph 1or 3 of this article.6. By agreement between the multimodal transportoperator and the consignor, limits ofliabili ty exceedingthose provided for in paragraphs 1 3 and 4 of his articlemay be fixed in the multimodal transport document.7. Unit of account means the unit of accountmentioned in article 31.

    Article 19LOCALIZED DAMAGE

    When the loss of or damage to the goods occurredduring one particular stage of the multimodal transport,in respect of which an applicable international convention or mandatory national law provides a higher limit ofliability than the limit that would follow from application of paragraphs 1 to 3 of article 18 then the limit ofthe multimodal transport operator's liability for suchloss or damage shall be determined by reference to theprovisions of such convention or mandatory nationallaw.

    Article 2NON-CONTRACTUAL LIABILITY

    1. The defences and limits ofliability provided for inthis Convention shall apply in any action against themultimodal transport operator in respect of loss resulting from loss ofor damage to the goods, as well as fromdelay in delivery, whether the action be founded incontract, in tort or otherwise.2. Ifan action in respect ofloss resulting from loss ofor damage to the goods or from delay in delivery isbrought against the servant or agent of the multimodaltransport operator, if such servant or agent proves thathe acted within the scope of his employment, or againstany other person ofwhose services he makes use for theperformance of the multimodal transport contract, ifsuch other person proves that he acted within theperformance of he contract, the servant or agent of suchother person shall be entitled to avail himself of thedefences and limits of liability which the multimodaltransport operator is entitled to invoke under thisConvention.3. Except as provided in article 21, the aggregate ofthe amounts recoverable from the multimodal transport

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    operator and from a servant or agent or any other personof whose services he makes use for the performance ofthe multimodal transport contract shall not exceed thelimits of liability provided for in this Convention.

    Article 2Loss OF THE RIGHT TO LIMIT LIABILITY

    1. The multimodal transport operator is not entitledto the benefit ofthe limitation ofliab ility provided for inthis Convention if it is proved that the loss, damage ordelay in delivery resul ted from an act or omission of themultimodal transport operator done with the intent tocause such loss, damage or delay or recklessly and withknowledge that such loss, damage or delay wouldprobably result.2. Notwithstanding paragraph 2 of article 20, aservant or agent of he multimodal transport operator orother person of whose services he makes use for the

    performance of he multimodal transport contract is notentitled to the benefit of the limitation of liabilityprovided for in this Convention if it is proved that theloss, damage or delay in delivery resulted from an act oromission of such servant, agent or other person, donewith the intent to cause such loss, damage or delay orrecklessly and with knowledge that such loss, damage ordelay would probably result.

    PART IV

    Liability of the consignorArticle

    GENERAL RULEThe consignor shall be liable for loss sustained by themultimodal transport operator if such loss is caused bythe fault or neglect of the consignor, or his servants oragents when such servants or agents are acting within thescope of their employment. Any servant or agent of theconsignor shall be liable for such loss if he loss is causedby fault or neglect on his part.

    Article 3SPECIAL RULES ON DANGEROUS GOODS

    1. The consignor shall mark or label in a suitablemanner dangerous goods as dangerous.2. Where the consignor hands over dangerous goodsto the multimodal transport operator or any personacting on his behalf, the consignor shall inform him ofthe dangerous character of the goods and, if necessary,the precautions to be taken. If he consignor fails to do soand the multimodal transport operator does not other-wise have knowledge of their dangerous character:a) The consignor shall be liable to the multimodaltransport operator for all loss resulting from the ship-ment of such goods; and

    10

    Cb The goods may at any time be unloaded, des-troyed or rendered innocuous, as the circumstances mayrequire, without payment of compensation.3. The provisions of paragraph 2 of this article maynot be invoked by any person if during the multimodaltransport he has taken the goods in his charge withknowledge of their dangerous character.4. If, in cases where the provisions ofparagraph 2 Cbof this article do not apply or may not be invoked,dangerous goods become an actual danger to life orproperty, they may be unloaded, destroyed or renderedinnocuous, as the circumstances may require, without

    payment of compensation except where there is anobligation to contribute in general average or where themultimodal transport operator is liable in accordancewith the provisions of article 16.

    PARTClaims and actions

    Article 4NOTICE OF LOSS, DAMAGE OR DELAY

    1 Unless notice of loss or damage, specifYing thegeneral nature of such loss or damage, is given in writingby the consignee to the multimodal transport operatornot later than the working day after the day when thegoods were handed over to the consignee, such handingover is prima facie evidence of the delivery by themultimodal transport operator of he goods as describedin the multi modal transport document.2. Where the loss or damage is not apparent theprovisions of paragraph 1 of this article apply corres-pondingly if notice in writing is not given within sixconsecutive days after the day when the goods werehanded over to the consignee.3. If the state of the goods at the time they were

    handed over to the consignee has been the subject of ajoint surveyor inspection by the parties or theirauthorized representatives at the place of delivery,notice in writing need not be given of loss or damageascertained during such surveyor inspection.

    4. In the case of any actual or apprehended loss ordamage the multimodal transport operator and theconsignee shall give all reasonable facilities to each otherfor inspecting and tallying the goods.

    5. No compensation shall be payable for loss result-ing from delay in delivery unless notice has been given inwriting to the multimodal transport operator within 60consecutive days after the day when the goods weredelivered by handing over to the consignee or when theconsignee has been notified that the goods have beendelivered in accordance with paragraph 2 Cb Cii or iii) ofarticle 14.6. Unless notice of loss or damage, specifYing thegeneral nature of the loss or damage, is given in writingby the multimodal transport operator to the consignornot later than 90 consecutive days after the occurrence of

    such loss or damage or after the delivery of the goods inaccordance with paragraph 2 Cb of article 14, whicheveris later, the failure to give such notice is prima facie

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    evidence that the multimodal transport operator hassustained no loss or damage due to the fault or neglect ofthe consignor, his servants of agents.7. If any of the notice periods provided for inparagraphs 2, 5 and 6 of this article terminates on a daywhich is not a working day at the place of delivery, suchperiod shall be extended until the next working day.8. For the purpose of this articLe, notice given to aperson acting on the multimodal transport operator sbehalf, including any, p.erson of whose services he makesuse at the place of delivery, or to a person acting on theconsignor s behalf, shall be deemed to have been given tothe multimodal transport operator, or to the consignor,respectively.

    Article 5LIMITATION OF ACTIONS

    1. Any action relating to international multi modaltransport under this Convention shall be time-barred ifjudicial or arbitral proceedings have not been institutedwithin a period of two years. However, if notification inwriting, stating the nature and main particulars of heclaim, has not been given within six months after the daywhen the goods were delivered or, where the goods havenot been delivered, after the day on which they shouldhave been delivered, the action shall be time-barred atthe expiry of this period.

    2. The limitation period commences on the dayafter the day on which the multimodal transport operator has delivered the goods or part thereof or, where thegoods have not been delivered, on the day after the lastday on which the goods should have been delivered.3. The person against whom a claim is made may atany time during the running of the limitation periodextend that period by a declaration in writing to theclaimant. This period may be further extended byanother declaration or declarations.4. Provided that the provisions of another applicable international convention are not to the contrary, arecourse action for indemnity by a person held liableunder this Convention may be instituted even after theexpiration of the limitation period provided for in thepreceding paragraphs if instituted within the timeallowed by the law of the State where proceedings areinstituted; however, the time allowed shall not be lessthan 90 days commencing from the day when the personinstituting such action for indemnity has settled theclaim or has been served with process in the actionagainst himself.

    Article 26JURISDICTION

    1. In judicial proceedings relating to internationalmultimodal transport under this Convention, the plaintiff, at his option, may institute an action in a courtwhich, according to the law of the State where the courtis situated, is competent and within the jurisdiction ofwhich is situated one of the following places:a) The principal place of business or, in the absencethereof, the habitual residence of the defendant; or

    11

    b) The place where the multi modal transport contract was made, provided that the defendant has there aplace of business, branch or agency through which thecontract was made; orc) The place of taking the goods in charge forinternational multimodal transport or the place ofdelivery; ord) Any other place designated for that purpose in themultimodal transport contract and evidenced in themultimodal transport document.2. No judicial proceedings relating to internationalmultimodal transport under this Convention may beinstituted in a place not specified in paragraph 1 of thisarticle. The provisions ofthis article do not constitute anobstacle to the jurisdiction of the Contracting States forprovisional or protective measures.3. Notwithstanding the preceding provisions of thisarticle, an agreement made by the parties after a claimhas arisen, which designates the place where the plaintiffmay institute an action, shall be effective.4 a) Where an action has been instituted in accordance with the provisions of this article or where judgement in such an action has been delivered, no new actionshall be instituted between the same parties on the samegrounds unless the judgement in the first action is notenforceable in the country in which the new proceedingsare instituted;b) For the purposes of this article neither the institution of measures to obtain enforcement ofajudgementnor the removal of an action to a different court withinthe same country shall be considered as the starting of anew action.

    Article 7RBITR nON

    1. Subject to the provisions of this article, partiesmay provide by agreement evidenced in writing that anydispute that may arise relating to international multimodal transport under this Convention shall be referredto arbitration.2. The arbitration proceedings shall, at the option ofthe claimant, be instituted at one of the followingplaces:a) A place in a State within whose territory issituated:i) The principal place of business of the defendantor, in the absence thereof, the habitual residence

    of the defendant; orii) The place where the multimodal transport contract was made, provided that the defendant hasthere a place of business, branch or agencythrough which the contract was made; oriii) The place of taking the goods in charge forinternational multimodal transport or the place

    of delivery; orb) Any other place designated for that purpose in thearbitration clause or agreement.3. The arbitrator or arbitration tribunal shall applythe provisions of this Convention.4. The provisions of paragraphs 2 and 3 of thisarticle shall be deemed to be part of every arbitration

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    date agreed upon by the parties. The value ofa nationalcurrency in terms of the Special Drawing Right of aContracting State which is a member of the International Monetary Fund shall be calculated in accordance with the method of valuation applied by theInternational Monetary Fund in effect on the date inquestion for its operat ions and transactions. The valueof a national currency in terms of the Special DrawingRight of a Contracting State which is not a member ofthe International Monetary Fund shall be calculated in amanner determined by that State.2. Nevertheless a State which is not a member of heInternational Monetary Fund and whose law does not

    permit the application of the provisions of paragraph 1of this article may at the time of signature ratificationacceptance approval or accession or at any timethereafter declare that the limits ofliability provided forin this Convention to be applied in its territory shall befixed as follows: with regard to the limits provided for inparagraph 1 of article 18 to 13 750 monetary units perpackage or other shipping unit or 41.25 monetary unitsper kilogram of gross weight of the goods and withregard to the limit provided for in paragraph 3 ofarticle18 to 124 monetary units.

    3 The monetary unit referred to in paragraph : ofthis article corresponds to sixty-five and a half milligrams of gold of millesimal fineness nine hundred. Theconversion of the amount referred to in paragraph 2 ofthis article into na tional currency shall be made according to the law of the State concerned.4 The calculation mentioned in the last sentence ofparagraph 1of his article and the conversion referred toin paragraph 3 of this article shall be made in such amanner as to express in the national currency of theContracting State as far as possible the same real valuefor the amounts in article 18 as is expressed there in unitsof account.5 Contracting States shall communicate to thedepositary the manner ofcalculation pursuant to the lastsentence of paragraph 1ofthis article or the result of heconversion pursuant to paragraph 3 of his article as thecase may be at the time ofsignature or when depositingtheir instruments of ratification acceptance approvalor accession or when availing themselves of the optionprovided for in paragraph 2 of this article and wheneverthere is a change in the manner ofsuch calculation or inthe result of such conversion.

    PART VIICustoms matters

    Article 3CUSTOMS TRANSIT

    I Contracting States shall authorize the use of theprocedure of customs transit for international multimodal transport.2 Subject to provisions of national law or regulations and intergovernmental agreements the customstransit of goods in international multimodal transportshall be in accordance with the rules and principles

    13

    contained in articles I to VI of the annex to thisConvention.3 When introducing laws or regulations in respectof customs transit procedures relating to multimodaltransport of goods Contracting States should take intoconsideration articles I to VI of the annex to thisConvention.

    PART VIIIFinal clauses

    Article 33DEPOSITARY

    The Secretary-General of the United Nations ishereby designated as the depositary of this Convention.

    Article 34SIGNATURE RA TIFICA TION ACCEPTANCE

    APPROVAL AND ACCESSIONI All States are entitled to become Parties to thisConvention by:a) Signature not subject to ratification acceptanceor approval; orb) Signature subject to and followed by ratificationacceptance or approval; orc) Accession.

    2. This Convention shall be open for signature asfrom September 1980 until and including 31 August1981 at the Headquarters of he United Nations in NewYork.3. After 31 August 1981 this Convention shall beopen for accession by all States which are not signatoryStates.4 Instruments of ratification acceptance approvaland accession are to be deposited with the depositary.5 Organizations for regional economic integrationconstituted by sovereign States members ofUNCTADand which have competence to negotiate conclude andapply international agreements in specific fields coveredby this Convention shall be similarly entitled to becomeParties to this Convention in accordance with theprovisions of paragraphs 1 to 4 of this article therebyassuming in relation to other Parties to this Conventionthe rights and duties under this Convention in thespecific fields referred to above.

    Article 35

    RESER V ATIONSNo reservation may be made to this Convention.

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    Article 36ENTRY INTO FORCE

    1. This Convention shall enter into force 12 monthsafter the Governments of 30 States have either signed itnot subject to ratification, acceptance or approval orhave deposited instruments of ratification, acceptance,approval or accession with the depositary.2. For each State which ratifies, accepts, approves oraccedes to this Convention after the requirements forentry into force given in paragraph 1 of this article havebeen met, the Convention shall enter into force 12months after the deposit by such State ofthe appropriateinstrument.

    Article 37DATE OF APPLICATION

    Each Contracting State shall apply the provisions ofthis Convention to multimodal transport contractsconcluded on or after the date of entry into force of thisConvention in respect of that State.

    Article 38RIGHTS AND OBLIGATIONS UNDER EXISTING

    CONVENTIONSIf according to articles 26 or 27, judicial or arbitralproceedings are brought in a Contracting State in a caserelating to internat ional multimodal transport subject tothis Convention which takes place between two Statesofwhich only one is a Contracting State, and ifboth theseStates are at the time of entry into force of thisConvention equally bound by another internationalconvention, the court or arbitral tribunal may, inaccordance with the obligations under such convention,give effect to the provisions thereof.

    Article 39REVISION AND AMENDMENTS

    1. t the request of not less than one third of theContracting States, the Secretary-General of the UnitedNations shall, after the entry into force of this Convention, convene a conference of the Contracting States forrevising or amending it. The Secretary-General of theUnited Nations shall circulate to all Contracting Statesthe texts of any proposals for amendments at least threemonths before the opening date of the conference.

    2. Any decision by the revision conference, including amendments, shall be taken by a two thirds majorityof the States present and voting. Amendments adoptedby the conference shall be communicated by the depositary to all the contracting States for acceptance and toall the States signatories of the Convention for information.

    3. Subject to paragraph 4 below, any amendmentadopted by the conference shall enter into force only forthose Contracting States which have accepted it, on the4

    first day of the month following one year after itsacceptance by two thirds of the Contracting States. Forany State accepting an amendment after it has beenaccepted by two thirds of the Contracting States, theamendment shall enter into force on the first day of themonth following one year after its acceptance by thatState.4. Any amendment adopted by the conference altering the amounts specified in article 18 and paragraph 2

    of article 31 or substituting either or both the unitsdefined in paragraphs 1 and 3 of article 31 by other unitsshall enter into force on the first day of the monthfollowing one year after its acceptance by two thirds ofthe Contracting States. Contracting States which haveaccepted the altered amounts or the substituted unitsshall apply them in their relationship with all Contracting States.5. Acceptance of amendments shall be effected bythe deposit of a formal instrument to that effect with thedepositary.6. Any instrument of ratification, acceptance,

    approval or accession deposited after the entry into forceof any amendment adopted by the conference shall bedeemed to apply to the Convention as amended.

    Article 4DENUNCIATION

    1. Each Contracting State may denounce this Convention at any time after the expiration ofa periodof woyears from the date on which this Convention hasentered into force by means of a notification in writingaddressed to the depositary.2. Such denunciation shall take effect on the first day

    of the month following the expiration of one year afterthe notification is received by the depositary. Where alonger period is specified in the notification, the denunciation shall take effect upon the expiration of suchlonger period after the notification is received by thedepositary.IN WITNESS WHEREOF the undersigned, being dulyauthorized thereto, have affixed their signatures hereunder on the dates indicated.DONE AT Geneva, this twenty-fourth day ofMay, onethousand nine hundred and eighty, in one original in the

    Arabic, Chinese, English, French, Russian and Spanishlanguages, all texts being equally authentic.

    ANNEXProvisions on customs matters relating to internationalmulti modal transport of goods

    Article I

    For the purposes of this Convention:Customs transit procedure means the customs procedure underwhich goods are transported under customs control from one customsoffice to another.

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    Customs officeofdest ination means any customs office at which acustoms transit operation is terminated.Import/export duties and taxes means customs duties and allother duties, taxes, fees or other charges which are collected on or inconnection with the import/export ofgoods, but not including fees andcharges which are limited in amount to the approximate cost ofservices rendered.Customs transit documen t means a form containing the record ofdata entries and information required for the customs transit opera-tion.

    rticle1. Subject to the provisions of the law, regulations and inter-national conventions in force in their territories, Contracting Statesshall grant freedom of transit to goods in international multimodaltransport.2. Provided that the conditions laid down in the customs transitprocedure used for the transit operation are fulfilled to the satisfaction

    of the customs authorities, goods in international multimodal trans-port:a) Shall not, as a general rule, be subject to customs examination

    during the journey except to the extent deemed necessary to ensurecompliance with rules and regulations which the customs are respon-sible for enforcing. Flowing from this, the customs authorities shallnormally restrict themselves to the control of customs seals and ot.hersecurity measures at points of entry and exit;b) Without prejudice to the application of law and regulationsconcerning public or national security, public morality or publichealth, shall not be subject to any customs formalities or requirementsadditional to those of the customs transit regime used for the transitoperation.

    rticleIn order to facilitate the transi t of he goods, each Contracting Stateshall:a) f it is the country of shipment, as far as practicable, take allmeasures to ensure the completeness and accuracy of he informationrequired for the subsequent transit operations;b) f it is the country of destination;i) Take all necessary measures to ensure that goods in customstransit shall be cleared, as a rule, at the customs office ofdestination of the goods;

    5

    (ii) Endeavour to carry out the clearanceofgoods at a place as nearas is possible to the place of final destination of the goods,provided that national law and regulations do not requireotherwise.

    rticle V

    I. Provided that the conditions laid down in the customs transitprocedure are fulfilled to the satisfaction ofthe customs authorities, thegoods in international multi modal transport shall not be subject to thepayment of mport /export duties and taxes or deposit in lieu thereof intransit countries.2. The provisions of the preceding paragraph shall not pre-clude:a) The levy of fees and charges by virtue ofnational regulations ongrounds of public security or public health;b) The levy offees and charges, which are limited in amount to theapproximate cost of services rendered, provided they are imposedunder conditions of equality.

    rticle VI. Where a financial guarantee for the customs transit operation isrequired, it shall be furnished to the satisfaction of the customsauthorities of the transit country concerned in conformity with itsnational law and regulations and international conventions.2. With a view to facilitating customs transit, the system ofcustoms guarantee shall be simple, efficient, moderately priced andshall cover import/export duties and taxes chargeable and, in countrieswhere they are covered by guarantees, any penalties due.

    rticle VII. Without prejudice to any other documents which may berequired by virtue of an international convention or national law andregulations, customs authorities of transit countries shall accept themultimodal transport document as a descriptive part of the customstransit document.2. With a view to facilitating customs transit, customs transitdocuments shall be aligned, as far as possible, with the layoutreproduced below.

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    GOODS DECLARATION CUSTOMS TRANSIT)Consignor name and address) Office of depar ture Date

    No.

    Consignee name and postal address) Declarant name and address)

    Delivery address Country whence consigned Country of destination

    Place of loading Pier, warehouse, etc. Documents attac hed Official useVia Mode and means of transport

    Office of desti nati on Seals, etc. affixed by---, Customs.Cl DeclarantB/l No Transport-unit type,indentification No.); Marksnumbers of packages oritems

    Number kind of packages; Description ofgoods CommodityNo.Gross weight,kg

    Total number of packages

    National administrative requirements)

    6

    Total gross weight, kg.

    Guarantee details)

    I the undersigned, declare that the particulars given in thisDeclaration are true and correct and accept responsibilityfor fulfilment of the obligations incurred under this Customstransit operation in accordance with the conditionsPrescribed by the competent authorities.

    Place, date and signature of declarant

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