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ANNEX (H).

CUSTOMS.

GENERAL PROVISIONS.

1.

Any aircraft going abroad shall depart only from aerodromes specially designated by the Customs Administration of each contracting State, and named "customs aerodromes."

Aircraft coming from abroad shall land only in such aerodromes.

2.

Every aircraft which passes from one State into another is obliged to cross the frontier between certain points fixed by the contracting States. nese points are shown on the aeronautical maps.

3.

All necessary information concerning customs aerodromes within a State, including any alterations made to the list and any corresponding alterations necessary on the aeronautical maps and the dates when such alterations become valid, and all other information concerning any international aerodromes which may be established, shall be communicated by the State concerned to the International Commission for Air Navigation, which shall notify such information to all of the contracting States. The contracting States may agree to establish international aerodromes at which there may be joint customs services for two or more States.

4.

When, by reason of a case of force majeure, which must be duly justified, an aircraft crosses the frontier at any other point than those designated, it shall land at the nearest customs aerodrome on its route. If it is forced to land before reaching this aerodrome it shall inform the nearest police or customs authorities.

It will only be permitted to leave again with the authorisation of these authorities, who shall, after verification, stamp the log book and the manifest provided for in paragraph 5: they shall inform the pilot of the customs aerodrome where he must necessarily carry out the formalities of customs clearance.

5.

Before departure, or immediately after arrival, according to whether they are going to or coming back from a foreign country, pilots shall show their log books to the authorities of the aerodrome

29479-S. Doc. 348, 67-484

and, if necessary, the manifest of the goods and supplies for the
journey which they carry.

6.

The manifest is to be kept in conformity with the attached form
No. 1.

The goods must be the subject of detailed declarations in conformity
with the attached form No. 2, made out by the senders.

Every contracting State has the right to prescribe for the insertion
either on the manifest or on the customs declaration of such sup-
plementary entries as it may deem necessary.

7.

In the case of an aircraft transporting goods the customs officer.
before departure, shall examine the manifest and declarations, make
the prescribed verifications and sign the log book as well as the mani-
fest. He shall verify his signature with a stamp. He shall seal the
goods or sets of goods, for which such a formality is required.

On arrival the customs officer shall ensure that the seal is unbroken,
shall pass the goods, shall sign the log book and keep the manifest.
In the case of an aircraft with no goods on board, the log book only
shall be signed by the police and customs officials.

The fuel on board shall not be liable to customs duties provided the
quantity thereof does not exceed that needed for the journey as
defined in the log book.

8.

As an exception to the general regulations, certain classes of air-
craft, particularly postal aircraft, aircraft belonging to aerial trans-
port companies regularly constituted and authorised and those
belonging to members of recognised touring societies not engaged in
the public conveyance of persons or goods, may be freed from the
obligation of landing at a customs aerodrome and authorised to
begin or end their journey at certain inland aerodromes appointed
by the Customs and Police Administration of each State at which
customs formalities shall be complied with.

However, such aircraft shall follow the normal air-route, and
make their identity known by signals agreed upon as they fly across
the frontier.

REGULATIONS APPLICABLE TO AIRCRAFT AND GOODS.

9.

Aircraft landing in foreign countries are in principle liable to
customs duties if such exist.

If they are to be re-exported, they shall have the benefit of the
regulations as to permit by bond or deposit of the taxes.

In the case of the formation, between two or more countries of the Union, of touring societies, the aircraft of the said countries will have the benefit of the regulations of the "Tryptique." 1

10.

Goods arriving by aircraft shall be considered as coming from the country where the log book and manifest have been signed by the customs officer.

As regards their origin and the different customs régimes, they are liable to the regulations of the same kind as are applicable to goods imported by land or sea.

11.

With regard to goods exported in discharge of a temporary receiving or bonded account or liable to inland taxes, the senders shall prove their right to send the goods abroad by producing a certificate from the customs of the place of destination.'

AIR TRANSIT.

12.

When an aircraft to reach its destination must fly over one or more contracting States, without prejudice to the right of sovereignty of each of the contracting States, two cases must be distinguished:

1. If the aircraft neither sets down nor takes up passengers or goods, it is bound only to keep to the normal air route and make itself known by signals when passing over the points designated for such purpose.

2. În other cases, it shall be bound to land at a customs aerodrome and the name of such aerodrome shall be entered in the log

The British Government in the publication of the convention in its Treaty Series No. 2 (1922) at page 110 prints a note of which the following relates to this paragraph: Certain divergencies appear to exist between the French, English and Italian texts of Annex H, all three of which have the same value. His Majesty's Government consider it desirable to call attention to these divergencies and to place on record the following suggestions for corrections in the English text *, which their representatives will eventually propose for consideration.

"Paragraph 9 of the Annex is not clearly intelligible in either the French or Englistr text. The following is suggested as an alternative to the English text of the third subparagraph:

In the event of the establishment between two or more countries of a Federation of Touring Societies, the aircraft of the said countries shall have the benefit of the Tryptique system.""

The British Government in the publication of the convention in its Treaty Series No. 2 (1922) at page 110 prints a note of which the following relates to this paragraph: Certain divergencies appear to exist between the French, English and Italian texts of Annex H, all three of which have the same value. His Majesty's Government consider it desirable to call attention to these divergencies and to place on record the following suggestions for corrections in the Englsih text *, which their representatives will eventually propose for consideration."

*

*

"In paragraph 11 of the Annex there is a discrepancy between the French text and the English and Italian texts. The French text is apparently the correct version. The English text should therefore probably run as follows:

"With regard to goods exported in discharge of a " temporary admission" bond, or exported from bonded warehouse or on drawback, the exporter shall produce as proof of exportation a certificate of landing from the customs at the place of destination." The French text of the paragraph runs as follows:

"Pour les marchandises exportées en décharge de compte d'admission temporaire ou d'entrepôt ou passible de taxes intérieures, les expéditeurs justifient du passage à l'étranger par la production d'un certificat des douanes de destination."

The requests should be addressed to the Government of the French Republic, who will lay them before the International Commission on Aerial Navigation provided for in Article 34 of the Convention.

The International Commission on Aerial Navigation will examine each request, which may only be submitted for the acceptance of the contracting States if it has been approved by at least a two-thirds majority of the total possible number of votes, that is to say, of the total number of votes which could be given if the representatives of all the States were present.

Each derogation which is granted must be expressly accepted by the contracting States before coming into effect.

The derogation granted will authorise the contracting State profiting thereby to allow the aircraft of one or more named noncontracting States to fly over its territory, but only for a limited period of time fixed by the text of the decision granting the derogation.

At the expiration of this period the derogation will be automatically renewed for a similar period unless one of the contracting States has declared its opposition to such renewal.

Further, the High Contracting Parties decide to fix June 1st, 1920, as the date up to which the present Protocol may be signed, and, on account of the bearing which the present Protocol has on the Convention of October 13th, 1919, to prolong until that date the period under which the above-mentioned Convention may be signed.

Done at Paris, the first of May, nineteen hundred and twenty, in a single copy, which shall remain deposited in the archives of the Government of the French Republic, and of which authenticated copies will be transferred to the contracting States.

The said copy, dated as above, may be signed up to and inclusive of the first day of June, nineteen hundred and twenty.

In faith whereof, the undermentioned Plenipotentiaries, whose powers have been found in good and due form, have signed the present Protocol, of which the French, English and Italian text will be recognised as of equal validity.

HUGH C. WALLACE.

E. DE GAIFFIER.

J. C. ARTEAGA.
DERBY.

GEORGE H. PERLEY.
ANDREW FISHER.

THOMAS MACKENZIE.
R. A. BLANKENBERG.
DERBY.

VIKYUIN WELLINGTON Koo.

RAFAEL MARTINEZ ORTIZ.

E. DORN Y DE ALSUA.

A. MILLERAND.

A. ROMANOS.

BONIN.

K. MATSUI.
R. A. AMADOR.
ERASME PILTZ.

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