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(c.) Treatment of Goods in Warehouses and Warehousing Charges. 14. It is desirable that States in which such institutions do not already exist should establish or approve the establishment of so-called constructive" and "special' warehouses, which might be used for goods requiring special care on account of their peculiar character.

15. It is desirable that warehouse charges should be drawn up on a reasonable basis so as to be as a rule no more than sufficient to cover general expenses and interest on the capital laid out.

16. It is desirable that all persons having goods in warehouses should be allowed to withdraw damaged goods; the latter should be either destroyed in the presence of the customs officials or returned to the consignor without the payment of any customs duties.

(d.) Goods shown on the Manifest but not landed.

17. It is desirable that the payment of import duties should not be required in the case of goods which, although they are shown on the manifest, are not actually introduced into the country, provided that sufficient evidence of the fact is furnished either by the carrier or by the captain within a time-limit fixed by the customs authorities.

(e.) Co-operation of the Services concerned.

18. It is desirable to develop the system of international railway stations and to obtain effective co-operation among the various national organisations established therein.

It would also be advisable to establish the closest possible concordance between the functions and office hours of the corresponding offices of two contiguous countries, whether in the case of roads, rivers or railways. The practice of establishing the customs offices of contiguous countries in the same place, and, if feasible, even in the same building, should if possible be made general.

With a view to carrying out the recommendations contained in the present Section (e), it is desirable that an international conference should be convened, in which representatives of all the administrations and organisations concerned should take part.

ARTICLE 15.

Each of the contracting States undertakes, in retu. n for adequate guarantees on the part of the transport agents, and subject to legal penalties in case of fraud or illegal importation, to allow baggage registered from the place of despatch abroad to be forwarded as of right, and without a customs examination at the frontier, to a nonfrontier customs office in its territory, if such office is qualified for this purpose. The contracting States shall publish lists of customs. offices thus qualified. It is understood that the traveller will have the choice of declaring his baggage at the first office of entry.

ARTICLE 16.

The contracting States, while reserving all their rights in respect of their own system of law regarding temporary importation and exportation, will be guided as far as possible by the principles laid down in the annex to this article as regards the régime to be applied to goods which are imported or exported in order to undergo a manufacturing process, to articles intended for exhibitions of a public character, whether for industrial, commercial, artistic or scientific purposes, to apparatus and articles employed for experiments or demonstrations, to touring vehicles, or furniture vans, to

samples, to packing-cases and wrappings, to goods exported subject to an undertaking that they will be returned, and to other goods of a similar kind.

ANNEX TO ARTICLE 16.

1. It is desirable that the provisions of laws and regulations relating to temporary importation and exportation shall be simplified as far as circumstances allow, and shall be made public in the manner provided for in articles 4 and 5 of the present convention.

2. It is desirable that the measures of application should so far as possible form the subject of general regulations, in order that the persons or firms concerned may be acquainted with and able to take advantage of them.

3. It is desirable that the procedure adopted for the identification of goods should be as simple as possible, and that for this purpose:

(a.) The guarantee afforded by the presence on the articles of marks affixed by the customs administrations of other States should be taken into consideration.

(b.) The system of identification by specimens or samples, by drawings or by complete and detailed descriptions should be instituted, especially in cases in which the affixing of marks is impossible or offers disadvantages.

4. It is desirable that the formalities in connection both with declaration and verification should be carried out not only in the frontier offices, but also in any offices situated in the interior of the country concerned which possess the necessary authority.

5. It is desirable that an adequate time-limit should be allowed for the execution of undertakings which involve temporary importation or exportation, and that due consideration should be given to any unforeseen circumstances which may delay their execution, and the time-limit prolonged in case of need.

6. It is desirable that guarantees should be accepted in the form either of properly secured bonds or of payments in cash.

7. It is desirable that the security given should be refunded or released as soon as all the obligations which had been contracted have been fulfilled.

ARTICLE 17.

The present convention does not prejudice exceptional measures of a general or particular character which a contracting State may be obliged to take in the event of an emergency affecting the safety or vital interests of the country, it being understood that the principle of the equitable treatment of commerce must be observed to the utmost possible extent. Nor does it prejudice the measures which contracting States may take to ensure the health of human beings, animals or plants.

ARTICLE 18.

The present convention does not impose upon a contracting State any obligations conflicting with its rights and duties as a member of the League of Nations.

ARTICLE 19.

The coming into force of the present convention will not abrogate the obligations of contracting States in relation to customs. regulations under treaties, conventions or agreements concluded by them before the 3rd November, 1923.

In consideration of such agreements being kept in force, the contracting States undertake, so soon as circumstances permit, and in any case on the termination of the agreement, to introduce into agreements so kept in force which contravene the provisions of the present convention the modifications required to bring them into harmony with such provisions; it being understood that this obligation is not applicable to the provisions of the treaties which terminated the war of 1914-18, and which are in no wise affected by the present convention.

ARTICLE 20.

In conformity with article 23 (e) of the Covenant of the League of Nations, any contracting State which can establish a good case against the application of any provision of the present convention in some or all of its territory, on the ground of the grave economic situation arising out of the acts of devastation perpetrated on its soil during the war of 1914-18, shall be deemed to be relieved temporarily of the obligations arising from the application of such provision, it being understood that the principle of the equitable treatment of commerce, which is accepted as binding by the contracting States, must be observed to the utmost possible extent.

ARTICLE 21.

It is understood that the present convention must not be interpreted as regulating in any way rights and obligations inter se of territories forming part or placed under the protection of the same sovereign State, whether or not these territories are individually contracting States.

ARTICLE 22.

Should a dispute arise between two or more contracting States as to the interpretation or application of the provisions of the present convention, and should such dispute not be settled either directly between the parties or by the employment of any other means of reaching agreement, the parties to the dispute may, before resorting to any arbitral or judicial procedure, submit the dispute, with a view to an amicable settlement, to such technical body as the Council of the League of Nations may appoint for this purpose. This body will give an advisory opinion after hearing the parties and effecting a meeting between them if necessary.

The advisory opinion given by the said body will not be binding upon the parties to the dispute unless it is accepted by all of them, and they are free, either after resort to such procedure or in lieu thereof, to have recourse to any arbitral or judicial procedure which they may select, including reference to the Permanent Court of International Justice as regards any matters which are within the competence of that court under its statute.

If a dispute of the nature referred to in the first paragraph of this article should arise with regard to the interpretation or application of paragraphs 2 or 3 of article 4, or article 7, of the

present convention, the parties shall, at the request of any of them, refer the matter to the decision of the Permanent Court of International Justice, whether or not there has previously been recourse to the procedure prescribed in the first paragraph of this article.

The adoption of the procedure before the body referred to above or the opinion given by it will in no case involve the suspension of the measures complained of; the same will apply in the event of proceedings being taken before the Permanent Court of International Justice, unless the court decides otherwise under article 41 of the statute.

ARTICLE 23.

The present convention, of which the French and English texts are both authentic, shall bear this day's date, and shall be open for signature until the 31st October, 1924, by any State represented at the Conference of Geneva, by any member of the League of Nations and by any States to which the Council of the League of Nations shall have communicated a copy of the convention for this purpose.

ARTICLE 24.

The present convention is subject to ratification. The instruments of ratification shall be deposited with the SecretaryGeneral of the League of Nations, who shall notify their receipt to the members of the League which are signatories of the convention and to the other signatory States.

ARTICLE 25.

After the 31st October, 1924, the present convention may be acceded to by any State represented at the conference referred to in article 23 which has not signed the convention, by any member of the League of Nations, or by any State to which the Council of the League of Nations shall have communicated a copy of the convention for this purpose.

Accession shall be effected by an instrument communicated to the Secretary-General of the League of Nations to be deposited in the archives of the secretariat. The Secretary-General shall at once notify such deposit to all the members of the League of Nations signatories of the convention and to the other signatory States.

ARTICLE 26

The present convention will not come into force until it has been ratified by five Powers. The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification. Thereafter, the present convention will take effect in the case of each party ninety days after the receipt of its ratification or of the notification of its accession.

In compliance with the provisions of article 18 of the Covenant of the League of Nations, the Secretary-General will register the present convention upon the day of its coming into force.

ARTICLE 27.

A special record shall be kept by the Secretary-General of the League of Nations showing which of the parties have signed, ratified, acceded to or denounced the present convention. This record shall be open to the members of the League at all times; it shall be published as often as possible, in accordance with the directions of the Council.

ARTICLE 28.

The present convention may be denounced by an instrument in writing addressed to the Secretary-General of the League of Nations. The denunciation shall become effective one year after the date of the receipt of the instrument of denunciation by the SecretaryGeneral, and shall operate only in respect of the member of the League of Nations or State which makes it.

The Secretary-General of the League of Nations shall notify the receipt of any such denunciations to all the members of the League of Nations signatories of or adherents to the convention and to the other signatory or adherent States.

ARTICLE 29.

Any State signing or adhering to the present convention may declare, at the moment either of its signature, ratification or accession, that its acceptance of the present convention does not include any or all of its colonies, overseas possessions, protectorates or overseas territories under its sovereignty or authority, and may subsequently adhere, in conformity with the provisions of article 25, on behalf of any such colony, overseas possession, protectorate or territory excluded by such declaration.

Denunciation may also be made separately in respect of any such colony, overseas possession, protectorate or territory, and the provisions of article 28 shall apply to any such denunciation.

ARTICLE 30.

The Council of the League of Nations is requested to consider the desirability of summoning a conference for the purpose of revising the present convention if requested by one-third of the contracting States.

In faith whereof the above-named plenipotentiaries have signed the present convention.

Done at Geneva, the 3rd day of November, 1923, in a single copy, which will remain deposited in the archives of the secretariat of the League of Nations; certified copies will be transmitted to all the States represented at the conference.

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