STUDY OF FOREIGN TRADE SHIPPING DOCUMENTS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80-00926A003400010053-7
Release Decision: 
RIPPUB
Original Classification: 
C
Document Page Count: 
29
Document Creation Date: 
December 22, 2016
Document Release Date: 
October 26, 2012
Sequence Number: 
53
Case Number: 
Publication Date: 
April 20, 1951
Content Type: 
REPORT
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PDF icon CIA-RDP80-00926A003400010053-7.pdf2.37 MB
Body: 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Next 2 Page(s) In Document Denied Iq Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Shipping Documents in Internallmonal Trade BY DR DUSAN ZAVADA CHAMBER OF COMMERCE OF CZECHOSLOVAKIA ROZMNOZILY STIIEDOCESKE TISKARNY, N. P., ZAVOD 10, Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Sh.pping Documents in International Trade -""wswm.mwwr..w rwrwwwwre..r ww.. w. .. r.~w..wrr~+rrrwww By Dr. Dugan Zdvada. A number of special publications provide, it is truer de- tailed information and instructions regarding shipping documents, but substantially they are concerned only with a survey of the particular regulations of the individual countries in a form making them more accessible. None of these frequently very com- pendious handbooks, however, attempt to ebstraet from this mass of paragraphs the features that are common to all the various documents, Only by defining conceptions, by ascertaining under- lying legal principles, by marking the substantial requirements, preliminary conditions and aims, by differentiating the individual categories and by elucidating the technique and the meaning of legalisation is it possible to arrive at'a more complete knowledge and mastery of the entire problem. Moreover, from the standpoint of systematics it would also certainly be an advehtrgge if, for example, the features of certified invoices were with real thorough- ness ek,borated in the general part; in the test which deals with the import regulations of the individual countries of the British Commonwealth, it would not be necessary as hitherto, to repeat the same matters in the case of Australia, Canada, the Union of South Africa, etc., but it would suffice to cite only exceptions or soeOial features. The handbook would be in thiO way reduced in size while its informative character would be enhanced, Work in export trade does not end with the giving of an order or with the securing of an order - although this is certainly the most important phase in foreign trade - but it only then begins, even if responsibility for the actual production of the goods ordered does not as a rule fall on the shoulders of the exporter. The carrying out of such a transaction - even though in the end it is only a matter of the dispatch of the goods on the one auad and payment for them on the. other =- touches,in contradistinc- tion to transactions in home trade, upon a whole series of public and private interests and encounters technical difficulties caused by lorC distances, all of which must be satisfactorily solved to enable a.transaotion to be realised. The evidence that these reauire- ments have been satisfied is found in the form of various documents errantly designed as sipping documents /in the widest sense of the wore/. They are the basis for the dispatch and transport, customs cl.eard-ace and the release of imported goods for free circulation in the importing State, and also /and this not in the last place/ for the, payment of the goods or for their subsequent su .e, perhaps even during transport. Certain documents convey title to the goods to which they refer and can be used to transfer the ownership of the goods. Among these documents that rank as securities, are bill of lading, delivery order and warehouse receipt. With these documents as with other Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 transport and insurance documents we shall not deal in detail, since they are adequately explained elsewhere, and detailed and reliable information abort tham can. be obtained of forwarding and insurance concerns. In these lines rre shall devote attention first and foremost to shipping documents in the narrow sense of the word, these being documents that practically always certify some fact of importance from the angle of the Import regulations of the country of destiga.. tion, and are therefore a kind of "identity card" for exported goods showing that they have complied with this or that demand laid upon them in respect of import. This attempt to define their substance and importance will perhaps be a certain help for the practical exporter, for in this connection it has not been possible to regard this material - in view of its scattered character and of the excessive particularism in import regulations - as adequate- ly elucidated up to now. Up to the present, concentrated attention has not been devoted to these various shipping documents often of a minor character, although no consignment for abroad is practically thinkable without some of them. The one exception to this lack of attention is per- haps provided by the Geneva Convention on the Simplification of Customs Formalities of the year 1925 x/, which deals with a number of them but solves the problem from the general point of view only. The reason why the solution does not go to the root of the matter is to be found in those very varied interests and demands of both public and private nature which come into conflict at the moment when the import of goods to any particular country is under dis- cussion. x/ To this Convention there adhered: Australia, lgium, Burma, bazil, Bulgaria, Czechoslovakia, China, Denmark Egypt, Finland, Fiance, Germany, Greece, Hungary,' India, Irak, Italy, Iprbanon, Lciuxembourg, Marocco, the Netherlands /including the present Indcn--sia, Surinam, Curacao/., New Zealand including West Samoa, Norway, Poland, Rumania, Siam, Sweden, Switzerland, Syria, Tunis, The Union of South Africa, the United Kingdom with the Colonies, Protectorates, etc., Yougoslavia. Czechoslovakia did not adhere to this Convention until 1.927 /Lew No. 40 of that year/, for the customs legislation taken over from the former Austro-Hungarian Empire provided nolsuitable basis for adherence to and carrying out of that agreement. It was there- for necessary to await the new codification of customs regulations which was not elaborated until 1927. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 4 Commercial Invoice LEGAL BASES: The majority of countries possess no legal rules as regards-commercial invoices. Oft the other hand, however, some countries have such regulations with the object of restricting the incorrect statement of.the prices of.goods that are subject to ad valorem duties, or separating the actual selling price of goods from freight and other oharges, and.finally of preventing the so-called dumping. DEFINITION: A commercial invoice is a document' addressed to the c.cps-Tgii e-!n which the consignor gives him detailed data regarding; the goods supplied. and at the same time indicates the sum that he has to pay for the goods within the time-limit specified in the invoice. The commercial invoice is in reality. a document evidencing the fulfilment by the consignor of his obligations under a contract. 3t does not, however as a rule, bestow ny legal title to the goods insofar as it is nod paid- and-receipted and is not negotiable. CONTENTS: A commercial invoice embodies the following details: mate-6frruaking out the invoice, its number, often also the code marking of the consignment, the name and address of the consignee.,; reference to the order or pro forma invoice, and as a rule also the manner of consignment /with an indication of who is paying the charges, with a risks clause/, the markings, qUantity.and numbers of the individual parcels, the total quantity of goods, their des- cription and precise designation, pride per unit and for the entire quantity, and freight, insurance and other outlay if not already included in the prices themselves /it depends on how the consignor and consignee have agreed in this matter/ and possibly commission and other deductions, togethuu with a statement regarding date of payment and various other clauses /with the exception of a clause concerning the competence of a court/,. signature /the signature of the firm is not explicitly necessary/, abmetimes a signature of the consignee's agent or assignee, and finally a designation of the annexes accompanying the invoice. As regards the frequently used terms "S.E. end 0.1, or "E and 01' /salvo errors Wtoozgissione- errors and omissions excepted/, it may be said that they have re- latively little or no significance from the legal point of view. They are to be regarded rather as an excuse expressed in advance for possible mistakes. If exported goods are paid for by letter-of-credit it can be demanded that the invoice should be receipted. In general the data embodied In the invoice must in detail comply with the con- ditions laid down in L/C; they must of course always tally in Every respect with the bill of lading, insurance policy and con- sula.r. invoice where tbjis lest--named is necessary. .PURPOSE: The invoice is thus a document in which the seller pre- srUnPs-a-statement of the fulfilment. of his obligations towards the buyer; ps a rule he sends two copies of the commercial invoice to the purchaser, each by a different rottbe. The invoice has, however, as evidence of a business transaction Importance too for a//payment of the letter-of-credit, b/ customs clearance,, and Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 e/ sometimes for statistical purposes and the like. It is there- Pore made out in many copies /often as many as 10 or even more/. a/ The bank receives with the other documents at least two copies of the commercial invoice either for the purpose of paying the L/C or of see trig to encashment in the case of P/Aa h/ Customs au.thorjtigs as a rule demand two oooi;es of the invoice for olearsnee purposes, for they provide: data con- cerning the quaftity and the price of goods that are necessary for the asseassing of ouetome duty.. In countries 'which require coruular invoices several copies of the oommerci+l invoice are demanded as a rule. On the other hand, the cettries of the British Commonwealth do not as p rule demand commercial invoices where certified invoices are pressribsd? o/ For statistical purposes some of t o Latin American countries require a copy of the commercial invoice. In this case they stipulate that this copy shall be marked "pare esta- distica" /for statistical purposes/. LEGALISATION: A commercial invoice need not be legalised in the 599ee"oi 'consignments destined for British countries, for the Majo- rity of European States and for s whole series of American count.- vies that prescribe v. consular invoice. Legalisation by the appropriate consulate or OWN r.. of o on7rnerce is necessary. for consignments to France, Italy, L.banon, Syria, Salvador, Argentina, Bo)ivia, Brazil,? Ecuador, Honduras, Cuba, Nicaragua, Panama and Peru. The text of legalisation is fo:r the most part a declaration that the commercial invoice is genuine and correct, that the prices given in it are currant selling prices at the place of dispatch, and that the goods originate in the country of dirspatch. Lidependent of the oases just enume;rated, legalisation in the wording above quoted /or other text/ may of course be prescribes in the terms of L/Q which sltuat naturally be fulfilled to enable the goods sent to be paid for. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 z Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Consular Invoice III m6yrA ----------- LEGAL BASES: Consular invoices are dealt with in the CouventiO4 far"'M srmplifioation of Customs Formalities which provides ir, Article 12 that consular invoices shall not be required unless they be necessary for the purpose of ascertaining the origin of goods in cases in which origin might have an influence on the conditions upon which the import of goods is permitted, or for the purpose of determining the value of the goons in case of ad valorem duty, for which purpose a commercial Invoice would not suffice. The form of consular invoices was to be simplified so as to restrict all complications and difficulties and to taoili- tate the making out of these documents by the relevant trade sector. Charges for visas on consular invoices were to be fixed as low as possible. Not more than 3 copies of one and the same invoice were to be required. In view of this attitude of the Convention towards consular invoices it is not surprising that of the countries that demand a consular invoice on the import of goods, only two States, Brazil and Uruguay, adhered to the Convention. In addition to this, of course, the institution of consular invoices is adjusted by very detailed special regulations laid down by each particular country that prescribes their use. DEFINITIONt Consular invoices are one of the shipping documents wflo"ce"dais countries demand /always alongside a commercial invoice/ on the import of goods, and for the most part for customs reasons. They are of a strictly prescribed form and content and must be visaed by a consulate of the importing State. Such invoices are required by Argentina, Bolivia, Brazil, Colombia, Cuba, Dominice,?Ecuador, Haiti, Honduras, the Philipines, Nicaragua, Panama, Paraguay, Peru, Porto Rico, Uruguay, U.S.A. and Venezuela. CO ENTS: A consular invoice as a rule embodies the same facts as a c um:mercial invoice, and alongside them a series of further details like the name and nationality of the ship which is to carry the consignment, the port of loading and the port of destine. tion, and the like. These invoice are made out in 3 to 10 copies on prescribed forms which it is frequently possible to obtain only from the relevant consulate or'diplomatic authority. They may be made out in some world language, but sometimes only in the language of the country of destination, while in some cases it is ages required that the designation of the invoiced goods shall answer strictly to the nomenclature of the customs tariff of the importing country. Altogether the greatest care is to be devoted to the filling up of a consular invoice, since inexact statements or often a mere lack of care in the filling up has generally the result that fines are imposed on the importer. PURPOSE: A consular invoice is first and foremost a declaration bg-th+'consignor of the value of the consignment, and an enumera- tion of.all reductions, deductions allowed and the outlay spent Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 ,A 6 am on it. It therefore as a rule coL..tains a declaration, sometimes in lieu of an oath, not only as to the truth of the data it embodies but also of the fact thht there exists no other invoice for the consignment in question giving 'a different description of the goods or stating other prices for them. Consular invoices serve as a basis for the levying of customs deities, countries which require consular invoices have all a customs system based on ad valorem duties. In addition to this, consular invoices may also serve for the assessment of taxes and for statistical purposes. LEGALISATION: Consular invoices - and usually in cases in which fiey-9196"include a certificate of the origin of the goods - are also legalised by chambers of commerce. As is to be seen from their name, they must always be submitted for legalisation either to a consulate or to the consular section of a diplomatic office of the importing country. The consulate keeps a certain number of copies partly for its own records and partly for sending to the appropriate authorities /for mple, Customs, statistical offices, etc./ in its country. The other legalised copies will be sent by the consignor to the importer who sumits them to the customs office on clearance of the goods. If the importer does not receive these documents in goo time /that is, not later than the time of the arrival of the vessel carrying the goods/e he is as a rule heavily fined. Supplementary amendments of consular invoices are possible, but generally consular fees are charged in such ease, No erasures or the striking out of words or figures are .allowed. a If the importing State has no consulate in the consignor s country, the legalisation is carried out by its copulate in the country where the goods are placed on board ship. Otherwise x/~if~a-nonsulaate-without+locapl. competence carries out the legali- sation, and insists strictly on the observance of precedence, the legalisation in such cases can be very complicated, for a consulate wit local competence does not possess any signature forms from the Czechoslovak Chamber of Commerce on the basis of which it could carry out legalisationo. The facts which it has to certify are not known to it, and it has itself.no possibility of examining their truth. Thus, for examples the Ecuador Consulate in Amsterdam /In Prstue there is no Ecuador Consulate/ can ask that the legalisation of documents for a consignment from Czechoslov4ki be carried out iay tiie id1nistry of Foreign Affairs representing Czechoslovakia to t,1 outside world. As, however, they Ecuador consulate in Amsterdam is :locally competent only for Holland, and thus has no signature ~~-- Czechoslovak Ministry of Foreign Affair?;', it can ask that the visa of the Ministry of. Foreign Affairds be attested in its turn by the Dutch Legation in. Prague thus making the document valid in Holland. The Amsterdam Consulate is now com- pwUaxni to logali?se this document. /This example is, of course, me..01y a theoretical one/. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 substitute legalisation t,akeo place which may be carried out, h example, in the following different ways /in so far as the count y concerned has adopted or recognized them/: a/ legalisation is carried out by the consulate of a friendly State, or by the consulate of a State entrusted with the protection of its interests /for examle, U.S.A. for Colombia, or Salvador for Nicaragua/;' b/ legalisation is carried out by the Ministry of Foreign Affairs. /Ministry of Foreign Trade/ which as a rule requires in advance a certificate from the Chamber of Commerce /case of Venezuela/; c/ legalisation may be effected by a notary-public at the port of loading /u. S. A. /; d/ in tin place of legalisation there is entered on the invoice a clause to the effect that it has not been possible to effect legalisation for the reason that the country of destination hiss no representation in the country of dis- patch. For ista'-'te "Por faltO.. de representacion consular de Cuba an Cheooslovaquia no put' ser legalizado", which the Chamber of Commerce can certify. FEES; For legalisation high fees are often charged Frhieh, parti- aur;x?ly in the case of small consignments, may be out of pro- portion to the value of the exported goods. If honorary consulates effect legalisation, they often ask only for reimboursement of actual outlay, the real legalisation fees beeing paid by the importer. VARIOUS TYPES OF CONSULAR INVOICES; There are over 20 different print c ? `corm ~of'"con uTar~ nvo ce ~/Cuba alone for example pre- scribes three kinds: No. 1 for textiles, No.2 for spirits and mineral waters, and No. 3 for other goods /which differ sub- stantially from one another, particularly in outward appeaDsnne, even if the contents though variously formulated, are in the long run approximately similar. They vary in size and sometimes in colour, some are numbered by means of a paging machine, others bear the country's coat of arms or even a revenue stamp of the importing country. These circumstances as well as the That that some countries charge high prices for these printed forms, lends to this or that State not allowing them to be freely printed and distributed. On the other hand, Argentina, Brazil, the Philipinec Paraguay, Uruguay, U.S.A. and Venezuela allow them to be freely printed. Thus the Chamber of Commerce of Czechoslovakia issues them, in addition to which it sees to it that the Czechoslovak Fxport and Import Companies have also in hand the other printed forms for the purchase of which from foreign consulates it dote everything it can. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Certified Invoice, Combined Certificate of Value and of Ort inR Cu oms Invoices -------------------- a wr~o a.wa.p--vr?-r.e+ _ LEGAL B;,895: Customs invoices are based on the customs regulations Wthe-various dominions, colonies and territories of the British Commonwealth. They have been introduced not only for trade con- tacts with foreign countries but are used also in mutual trade relations where, in pursuance of the Ottawa Agreement, preferential customs tariffs are in force. DEFINITION: A certified invoice is as a rule a document that takes tHe`"place"`of a commercial invoice and serves first and foremost for the assessment of ad valorem duties on the import of goods to the countries of the British Commonwealth of Nations with the exception of the United Kingdom, and Ireland. CONTENTS: Customs invoices must be couched in a certain specified fex'f;?B?if in contra-distinction to consular invoices it is not essential to use official forms. Anyone can have the forms printed or may hale them typewritten or written by hand, if preferred, an a f irri:rs notepaper. A customs invoice embodies the following details: Place and date of making out, general indication of the goods, the name and' address of consignor and consignee, manner of transport and the number of the relevant order. In the various columns the following data are entered: country of origin, marks and numbers, quantity and description of the goods in the relevant commercial nomen- clature, the current market value of the goods in the currency, of the exporting country at the time and place of dispatch irr con- dition for consignment /from this value no discount, rerduction, abat-wsnent, or other deduction may be made than is currently re- cognized and allowed in the home market/, the selling price to the British purchaser in the currency in which the transaction was concluded, while under the actual text must be enumerated the category and amount of expensor. and fees laid out on the goods, with e gtatement as to whether they have been included in the oui-rent home prices. On the reverse there appears a certificate of the value and ?,y igin . The seller first of all declares that he is authorised to sign the certificate and that he certifies as facts known to him that the invoice is correct throughout and the statement of price complete and true, and that between him and the purchaser there exists no agreement for grantirag. any reduction, abatement or 'rn s outside the scope of the invoice, and further, that the co.a ha*-e been either wholly or in part produced or manufactured in the country of dispatch. He adds the date to the declaration and signs it together with a witness who need not be either a notary-pablic or any other public functionary. A certificate of originvis filled in especially if the goods are imported from another British territory that has a right to cuatoma-free import or customs clearance under reduced preferential Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 - 9 - tariffs` In the case of goods from non-British countries, or of non-British origin even though from British territory, it is not possible to apply preferential tariffs, and therefore the filling in of the declaration of origin is unnecessary /with the exception of consignments for Australia1where between preferential and ge- neral tariffs, intermediate tariff rates apply to t`-?ose countries with which Australia has concluded tariff agreements. The same is the case v*ith Canada. PURPOSE: Oertified invoices serve, like consular ir;1,oicec, for Fie-64i foals clearance of goods; the customs rates of the countries of the British Caiunonvrealth are very largely based on duties assessed ad valorem, For this reason several of these countries do not roquire goods which are perhaps subject to specific duties /according to number, weight, gallons, units, etc./ to be accom- panied by certified invoices; other countries,however, in such a case demand certified invoices. Certified invoices are usually made out in triplicate: two copies are sent to the customer or his representative for the purpose of customa'clearance. The third copy is retained by the Importer for his use. It is not as a rule required that Certified invo'ioes be sent to the forwarding agent lthho 'looks after the transportation of the goods. Even if it happens that many customs offices clear goods of non,:1)ritish origin on the basis of certified invoices made out an printed forms intended for other territory, it .should nevertheless be the endeavour of an e -porter to make out his certified invoices on the correct forms which answer to all the requirements of the . importing country in question and its customs offices. It must not be overlooked that British countries - perhaps hecauce they trt:st their subjects more and have no interest in caking legalisation. a lucrative source of revenue - do not cling unduly to formalities and in general do not penalise their non-observance, of course which certaWy contributes to facilitate and accelerate the conduct of the trade. LEGALISATION: In the case of customs invoices it suffloes j. they a-re-a M`iea by a witness who need-not be a notary-public or other public functionary; it is enough if he is competent to figure as a witness on ordinary ccnrnercial documents. Frequently, however, the conditions of a letter-of-credit stipulate for cc:rti-- fieation by a ch.mber of commerce, and this condition must of course be fulfilled. VARIOUS T'Y'PES Olt' CERTIFIED WrOIGES s ------------------------------------- Canada in consequence of somew;iat divergent regulations requires the use of several kinds of customs invoices: L4B. ; British-Preferential Tariff N.B.. Ditto-/Goods on consignment/ N.A.; Intermediate Tariff /Goods on consignment/ M.A.: Treaty or Convention Rates i;1. ; General Tariff X. General Tariff /Goods on consignment/ and this, c is ar;par >nt, not only with regard to British or non-- British oriei., but r:.lso, and this particularly, with regard to Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 ws 1? V di whether the goods have been sold a prior to shipment to a Canadian importer, or merely sent on consignment. An indication of this circumstance is requiredd also by 11,-? Australia which, ho,,+Yetrer?, has no special forms for this purpose o In practice some 20 kinds of customs invoices come into con- sideration which differ from one another cnly in some details, This does not mean of course, that it is neceo;:ary to employ a special printed form for each country /though this case oceurso for example, Nasalend/ since one form may be used for several countries /for e= , }fenya, 1'gaiada, Tanganyika and Zanzibar/v As the printed forms have a fairly long text the copying of which on a typewriter or by hand would mean a big loss of time, certain publishers specially concern theriselves with the printing of these forms and closely follow all chrnges of regulations .made by the different countries. They make the necessary alteration in the text of the printed forms and inform 4-heir customers about theme In Czechoslovakia these forms are is -ued by the Chamber of Commerce of Czechoslovakia which at the same time gives all those interested full information regard. Lng docurients that acct rapany consignments. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 - 11-- -C I TIF'IGATES-OF ORIGIN-. LEGIL R4 3E : Thc.: institution of certificates of origin is based x, an-infer-n6' tonal provisions, but especially on prescriptions issued by the country of destination and partly by the country of cr i,in. 1. / 4.19p rd s i n t e r xn, a t i o n a 1 adjustment , it is ne:ceasary to cite first of all. al the international Convention of )rd November 192; for the Siriolificaticn of Customs Formalities, which laid down that cu stoins formalities were to be restricted to a minimum, and as regards certificate of origin that this docurient 3hou].d be required in the least possible number of cases /4trt.11./. h/ In addition to this, certificate of origin may bo introduced hetveen different country = s by virtue of commercial ?:r,eties, as is the case for example ,-;ith Czechoslovakia. and Turkey /f Lr'AW No. 54 of the year 1947/. c/ For trade contacts :vhere it is not possible to apply either the Convention for the Si7npplificaticn of Customs x`ormalittes or the provisions of trade a{zreements 1-jetnEeen indl- Tidual countries, international. trade usages apply. This category .:onsenuontly inciu+ es the ma jorit,r -of countries that require consular invoices in the case of irr.',)ort, and. are rn^st1 ' not partit4rs to the eb>ove--rrientioned Cons*ention. 2. / ?rori the point of view of 1 n t e r n a I policy it is n cessary to bring international norms /appart from recognized trade useges in International ao:rierbce/ into the legal sphere of the individual countries This. is done; in articular a/ by adhering to the Convention f rr :simplification of Customs Forr iIti es, and by ';prorulpating it. Thus, for example, Czechoslovakia adhered to that Con!*ention only in i9,'7 /Law No.40 of the year 1927/. b/ by the publication of c -n?nercial treaties or. agreements in which the duty of ?uhmitt ng certificates of origin is laid down in the manner prescriber' in the two countries con- corned. o/ finally each country settles, or nay settle, the question. of certificates of origin by rules of its ov-:'n, doing so in particular from the standpoint of its import policy. In Czech.oslovuk1a this has h :en done by the Customs Law 7170.114 of the year 1927, and the. regu.Lh tions+ for carrying out that law /No.1.62 of the ;;rear x.92?/ . In addition tc this it is, however, necessary to lay down in concrete fashion who is authorized. to i+ssue cer- tificates of origin. In our case this was done by Government Ordinance No. ,C6 of the year 1948 oonee rning the transfer and lapse of t':e competence of the chambers of commerce and industry ',here, In 2, it i., provided that the competence of the former chambers of commerce and trade insofar ss concerns foreign trade ;.:all pass on 1st January 1949. to the Chamber of Commerce of Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 - 12 -, Czechoslovakia. As a consequence, legalisation of certificates if origin is carried out by the Czechoslovak Chamber of Commerce, rague I, U Obecniho domu 3, and its branch offices in the followins towns: Bratislava, Lesk6 Budhjovice, Gottwaldov, ,Tablonev, Karlovy Vary and Ndchod. In addition to that, however, Czechoslovak diplomatic and consular offices abroad have the right to legalise certificates of origin. The conditions for carrying out the actual legalization agenda are fixed separately. /Decree of the Ministry of Trade No.79.359/38/II/F of August 11, 1938 regulating this matter is already obsolete in several respects. The competence of foreign institutions, offices and organi- sations for the issue of certificates of origin in their country is fixed in a similar fashion. Most frequently this agenda is entrusted to chambers of commerce though it may be to other in- stitutions, as for exanmie, federations of industry, economic groups, associations of exporters, exchanges, etc? or even public authorities, such as customs offices, administrative authorities, and so on. The authorities competent to legalise certificates of origin had formerly-to be notified to the League of Nations which then published an appropriate announcement In its,C-ommu- n1qu? au Conseil et aux T,embres de la Societe." After the second wc'-:.d War these announcements ceased, and a register of the authorities competent to legalise certificates of origin is kept by the European Office of the United Nations - Economic Com- mission for Europe /Transport Division/. LEGALISATION FEES: Certificates of origin are as a rule made ?u~lin~.3unSir.Ue~on general forms which can be obtained from the Chamber of Commerce of Czechoslovakia or of any of its branch offices, for K6s 2.- each. The legalisation of one set costs K6s1.5,-. According to Notification No.224 of 30th December 1947, published in the Collection of Laws and Ordinances of that year, promulgating an amended scale of fees for c-eficial services by Czechoslovak diplomatic and cop,~ulat? nth ri i es, the fee under Item 6 for a certificate of or Lgin amcunte to 1/2 % of the amount appearing in the invoice of the, consignment, but not less than Kds 30.- in the case of authorities in European and K6s 60.- in the case of Czechoslovak diplomatic and consular uthorities in non-European countries, with a maximum of Kds 150 . - and Ms 3300.- respectively, provided of course the country of destination does not charge higher fees. #'counr~ss DEFINITION: A certificate of origin is a document that confirms *ifieneergocTs originate. The Convention of the Simplification of Customs Formalities does not contain a precise definition of a certificate of origin, but in principle admits a].3 documents. used as evidence of origin of goods. NECESSARY CONDITIONS: As a rule, certificates of origin are Madam c~~it?in~Fe"e?unry+n which the goods originate. It is possible, Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 IM , ,3 power, in certain cases to certify the foreign origin of goods, and in these cases the text of the certificate has to.be amended accordingly. According to the practice currently recognized its the inter- national trade/a reglex of which may be seen in ? 6 of the Statutory Enactment Order to the Customs Law /it is possible to certify as originating in this country goods which have been im- ported from abroad /for example. in the form of industrial raw materials crops$ or even semi-manufactures and finished goods/e but which have here been processed or improved in such a manner that they have assumed another charecter or have undergone a consi- derable change in value /as the margin of change in value of com- modities the level of approximately 50 % aiay be adopted. But in this respect views on the matter in the various countries may differ/. Mere repair or adjustment of goods would not, of courses suffice. Where goods are concerned, the origin of which it is not possible to ascertain,, and of which it is otherwise shown that they are, or have been for a considerable time in free circulation and have been subjected to adjustment and changes / domiciled goods;/, it would be possible perhaps to issue a certificate of origin suitably worded. 'FtFPOSEa In view of hhe fact different customs tariffs may be appleea to the import of one and the same commodity / for example conventional or pre?'erential duties as compared with autonomous duties/ it is necessary in such cases to prove whwnce the goods come if theyare to enjoy.a more favourable treatment in customs clearances without proof of origin the autonomous rate Would be applied. A certificate of origin need not always, howerer, be wanted merelyfor customs clearance. Often hoverer:, the_cer= tificate is demanded merely under the conditions of a letter of credit, the conditions having to be fulfilled before-:-the-'-letter-of credit can be honoured. In a period of international conflicts.and the like, the certificate of origin does excellent service in'trans- port and in general in the handling of goods, and is therefore frequently made use of in such cases. ESSENTIL8ia Except in exceptional cases it is possible generally tea"use' e`common form which carries a Czech-Englisch-French or Czech-Spanisch text. The text must include the following detailsi name and address of the consignor, name and address of the con- e`ignee, the marks, numbers, packing and quantity of pieces a preciselist of contents, and statement of gross and net weight. As a rule the price of goods need not be stated in a certic ficate of origin, exnept in cases where the importing country explicity requires it /for example France/. Speei f is ation 1 pacification is a detailed description of the individual items of which an invoiced consignment is composed, irrespective of whether the goods are packed in one or more cases$ etc. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 A specification is often used as an annex to commercial invoice x/ which then need not comprise particulars of the goods consigned. This document is employ d in taking out insurance, in customs clearance and taking over of the goods, etc. It liaturaal- lyax facilitates the prompt drawing up of business a accounts. As regards the signature on the specification the same remarks apply as-to the invoicei and in special cases the signature msy simi- larly be required of the buyer*s authorised representative or the person appointed to take the delivered goods. _Packi;w-List- This is a detailed list of the goods, comprising the individual items with appropritt description, statement of weight, etc.. packed in a single case or other type of packing or unit of consignment. The goods are packed in accordance with the packing list, one copy of which is usually packed with the goods. Any differnnc between the packing list and the actual contents may result in a fine for the consignee. The packing list is of importance for insurance, customs clearance, as well as for checking up on the goods by the con- signee. Certificates of Disinfection ! - r r - ------------------------ Some countries for fear of exposure to various crop pests and infection prohibit the use of straw, hay or other material of vegetable origin for the packing of goods unless such con- signments are accompanied by a certificate issued by the appro- priate organ of the public health service to the effect that the packing material before being used was properly disinfected. .Such a certificate should state precisely the method of disin- fection employed /for sins arks; by a formaldehyde solution/. If a consignment is not accompanied by such a certificate, the disinfection is carried out prior to customs clearance at fumigation stations at the cost of the consignor or consignee. ~Ssni.tar~r_Certificaatra ,/d3,A.I. -Certi-Picatef The import of live stock, of meat and of meat products in- volves the risk of introducing pernicious diseases. For this reason a certificate is currently required issued by some competent veterinary body to the effect 'that the animal or meat, etc. has been subjected to thorough veterinary inspection and has been found free from evidence of comrnuni :able disease, and that in the place from whicb it comes no case of zoonosis has occurred. w --.r --------------w. - ------ -.. - - . ----......---------------------- x/ but also to orders, contracts, etc. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 a 15 in the case of cattle and sol.ipeds a separate certificate must iisual.ly he provided for each anina1. Some countries stipulate that these certificates must, prior to the importation, be superlegalized by a diplomatic or consular authority. Phyrtopathologioal Gertiftoate. To prevent the introduction of various plant diseases and pasts every country as a rule requires that consignments of agri- cultural produce, live plants and parts thereof shall be trans- ported in new, hitherto unused packings, and accompanied by phytopathological certificates. This document must be issued by an official phytological institute of the exporting country, ..nd it must declare that the exported produce, etc, is free of any infection, and that in the place from which the produce comes no case of infection or the presence of pests has been ascertained. /For example, potato canker, vine louse, etc./ If a consignment is not accompanied by such a certificate the customs office will - as a rule - refuse to clear the con- signment. Certificate of AnalyaisM In the case of goods where external features ascertain& b'e by means of weighing, ate, are not decisive for fixing the qua It of the goods, this may be ascertained by analysis showing tie-i-? composition. Thus, for example, the carrying out of an aysis is required not only in the case of various chemical prouuote as a proof that they contain specific elements and ingeclients, or impurities only to the extent agreed upon, but also in the case of steel and many other materials. Analyses are carried out by -various test stations and labo- ratories of public or private character. In the latter case it is necessary for the parties to agree as to who shall make the analysis, or the buyer shall determine this point. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 - 1.6 ?ualit4Ceartificatei A document of this kind certifies the quality of goods /generally in the bulk/ in a specific consignment or comprised in a particular order, or the like,, on the basis of the taking of a sample Such a certificate is issued for example by,,. -uro- fessional research stations, exchanges or chambers, etc,, in which cases the certificates have the character of official. do- cuments binding on both parties. The purchase may, however, him self entrust a certain pore-on or firm taking over the goods to ascertain the quality of the goods. The contents of the ce~:'tificate are similar to those of a certificate of sampling. Conditioninp Certificate _ - On the export of wool tops and 'yarns conditioning List,,3 are essential for every consignment, sinoo these goods are not so!d according to actual weight but according to invoice weight, that is dry weight plus 18,25%. Such a certificate of the invoice weight of wool is 1ssaed by special bodies /for example, Condotioning House at '3rnd 'ord,/, various test stations, etc. that simulta.me a yly re,i rh, os press and pack consignments of combed wool. and yarn,` Certificate of Strer.ih On the import of spirits the production may be required of certificates of strength made out by the appropriate institutions of the exporting country. As such a certificate is used as the basis for fixing, the alcoholic strength of imported spirits and liqueurs which is de- cisive for the assessment of customs dut.1; - the matter is really one of the Applications of Article 1~ of'V the Internationa . Agree- ment on the ;,simplification of Customs Formalities a. it is assumed that these conditions a/ are regulated by contract o For example, in the supplementary agreement to the Comnercial Treaty bct*i-een the Czeehos'.orrat, Republic and France /Law No. 45 in the Czechoslovak Collection of Laws and Ordinances of the year 19.32/, there is given a spe- cimen of this Certificate ,'comprising the following date: aaine of exporter, name of importer, quantity and size of bottles, alcoholic strength, and type of consignment/ with the note that a list of the institutions authorized to issue this Certificate will be notified; Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 17 b/ often issue directly from the given relations betvieen the importing and exporting countries, as is the case for example between Great Britain and India, when on the import of spirits /of foreign provenance/ from Treat _ Britain the presentation of a, certificate issued by the British Customs authorities may take the place of a test of the imported spirits. A Certificate attesting the age of spirits is required on import, for example, to Canada, New Zealand, etc.- for whisky, brandy and rum. (;or i tc -to_of_SampilnC,,_IB!Rootion. Certificate -- -- --- ------------------ The Customs offices of some countries conduct clearance on the basis of :samples 'taken from the imported goods /for example, ores on import to U.S.A./, for it is necessary to ascertain certain of their properties /state of moisture, composition, etc./ in the Customs laboratories. The Customs authorities take and select the samples themselves, but sometimes thee content-,them- selves with the production of a verified commercial sample duly drawn by an authorized sampler and accompanied by a certificate stating when, where, from what goods, and perhaps from what units of a consignment 'the sample has been taken, how it is marked, and certifying that the proper procedure in taking the sample has been observed. Foreign. and oversee. buyers too, through their representative, an official sampler, or a private concern that does this work professionally, frequently have a sample taken or the quality of the goods ?soertained or examined prior to dispatch. Certificate of Count This document certifies. the accuracy and quantity of a con- sigment as regards the number of its parts or units. We . fht Cartif ie ste A certificate of the correct weight of a consignment may be made out ty the orgaae of public administration, of ports, docks, exchanges, storages, and finally even special priyete eoneerns that occupy themselves professionally with this work. In Czecho- slovakia a duplicate of the railway freight bill, which gives the Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 officially ascertained weight of the consignment, is often used in place of a weight certificate? A Weight Certificate is required by the buyer or his bank as evidence of ascertainment of the actual weight of a consign- ment /usually at the port of loading/. It may, however, also be required under the import regulations of the importing country /for exampe, India requires it for all consignments of paper/. Certificate of Manufacture This document is of wholly recent date, having come into being during the War when the shortage of tonnage and the most varied restrictions or prohibitions in railway traffic considerably li- mited, if they did not make wholly impossible, the transport of goods for which there was a big demand, while industry was en- gaged fiat and foremost in war output. The seller could, for this reason, require that the goods be paid for /by letter of credit, by cheque, or in cash/ on a declaration that the goods were made and were ready for dispatch. In this way the seller shifted a further risk on to the shoulders of the purchaser. In 1942 the American Bankers Association for-Foreign Trade recommended for this purpose the following uniform text: We hereby certify that the attached invoice dated ... 0606.0 our No. .....oe. ~..., covers material which has been manufactured and set apart for your account and risk at /location/. This simple document practically replaced, for payment of L/C, all shipping documents, the making out of which the seller could not ask for until later. The Certificate of Manufacture is of course conditioned by the special interests:of the buyer. Its use will therefore be appropriate if demand exceeds supply or if it is a matter of goads manufactured according to special Instructions from the person ordering them /from the buyer/. -Non-durnpin, -Certificate_ For the protection of a country against dumping, certificates of non-dumping are required, when certain types of merchandise or products are imported. Such a certificate has to confirm that the invoice value of the goods corresponds to the fair market price or value of such goods when sold for home-consumption and discounts or other reductions are the same as those granted on similar quantities sold for consumption in the country of origin. Some countries have respective regulations prescribing,, the exact contents of this certificate. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 19 Certificate of Dispatch In cases in which the moment of loading goods on board ship or of handing them over for transport is decisive for the validity of an import licence, the Chamber of Commerce will certify the time at which the consignment was handed over. Such certificates must frequently be visa-ed by the relevant consul,&*. Certificate of Force 31aleure ---------------------- ----- This document certifies that the exporter is not to blame for the fact that the time-limit for delivery has not been duly observed. A distinction is to be made between cases of Act of God under international law and customs and cases which have been designated in advance in the contract for supply as cases of force majsure /Vis major/. These certificates are made out or legalised by the Chamber of Commerce and if necessary superlegalised by the appropriate consulate. Miscellaneous Certificates In addition to the above documents the following are re- quired from case to case Declaration on the method of processing goods, Declaration on sugar content, Declaration on prices or value of goods Certificate of the impossibility of due fulfilment of a contract for reason other than via major, Despatch certificate, Certificate of cuZstoms clearance, Certificate of due arrival of goods or their availability for domestic consumption. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 20 General Competence of Chambers of Commerce in IssuingAVarious_Shi;2Rne_?cuments Aw~YM Mws eY A'AYAA all--11--O Rap +~ sue------------- Trade associations organised in the field of foreign trade, among them chambers of commerce in particular, issue a whole range of various certificates which are currently accepted and recognized in international trade conta?tso Competence in these cases may be deduced from the following facts and conclusions 1. The broadest basis in this connection is provided. by inter- national trade customs which represent the maintenance for a cer- tain time of something for which there is no explicit legal basis but against which there is no objection. In international trade contacts such customs have general and universal application, insofar as the relevant matter is not regulated by international treaties or inter-governmental agreements. It would therefore be contrary to the nature of trade customs to consider them as some- thing unchangable and rigid; they are oont,nnausly evolving as practical life demands. 2. The competence of chambers of commerce insofar as con- oerns the issue of certain documents required in the sphere of foreign trade is laid down in various international conventions, and particularly inter-governmental agreements. It is interesting to note that not in every case is the precise form and contents of these documents stipulated, but that this Is sometimes left to the chambers themselves which aria allowed a certain Oisoresion in this regard. 3. Chambers of. Commerce are, under various internal regulations /for example, customs prescriptions/ authorized in the case of imports to issue various expert opinions, confirmations, and the like, both in the country of origin and in the country of destina- tion,a procedure which contributes inside both countries to the respecting of certain principles that, as It were,, coordinate by analogy the legal rules applicable in the two spheres. That is to say, the reflex of the principles applicable for import apply also to export, for every transaction in foreign trade must always have .an import and export side. Thus arise trade customs, end the process is supported and strengthened by the fact that a whole range, if not the majority, of countries alloy of the same principle in their mutual contacts0 4. The circumstance too, that the signatures of persons authorized to sign documents on behalf of the Chamber are as a rule notified to the diplomatic and consular authorities of foreign States contributes, from the technical angle, t.D legel%isation, carried out by Chambers of Commer.oe being recognized in international relations. On this is based the fact that these authorities, even in less current maters, recognize straightaway legalisation by Chambers without demanding preceding legalisation by a department or authority representing the State to the outside world. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 - 21 3. Fina;!lys it cannot be overlooked that Chambers of Commerce operating in the sphere of foreign trade issue their certificates- in contradietiCtion to ordinary internal organisations of the State - in foreign languages, so that there is no need for an official translation with the resulting certifications, such as would be ea~uential to give documents validity within the exporting country an international force. Efforts to deduce the Number of ShipRnp-Documents. w?w'w--------+s----W----+--------.~--- +~+ As early as 1923 the Convention for the Simplification of Customs Formalities called not only for a reduction in the number of shipping documents but also for a reduction of the fees and formalities connected with their issue and legalisation. It must be admitted, however, that the terms of this Convention to which a considerable number of countries did not adhere /principally those that demand consular invoices/ have not been, and are not, in practice carried out. As this state of affairs has been no small obstacle to the expansion of foreign trade, fresh efforts have been made to secure a remedy, the International Chamber of Commerce being the principal spokesman in this matter. The furthest step in this direction was made at the Congress of this body held at Montreux in June 1947. In view of the fact that the interests of the buyer, the seller and the forwarder must in international trade be safeguarded by documents that, according to law, will determine ownership and right of payment, and. that government organs need documents that .will serve as a basis for the assessment of customs duties and for the compilationeof statistics, it was decided to pass a re- ooa1mendation that the following documents should be sufficient for all purposes; a/ transport document, b/ commercial invoice, a/ packing list /when necessary/, d/ manifest /for sea. and air transport/. As far as possible these documents should be standardized and designed to provide all data required by governments, con- signees, consignors, and banking, transportation and other agencies,, Sufficient copies of these documents sho?.ld be prepared to meet the reasonable requirements of all parties concerned. a/ Transport document is the-basic document of carriage. /It is not without interest to note that no direct reference is made here to a through bill of lading/. A bill of lading is ne- gotiable, and the possibility of setting up a negotiable air consignment note should be examined; in certain cases such a document would avoid delays due to present-day formalities and documents required for air carriage Which deprive this means of transport of "t1ze speed which is its principal advantage. IA addition, for sea and air transport a manifest would come t to consideration, drawn up by the carrier, as distinetfr.c'm the other documents which are drawn up by the shipper. The mani- fest supplies a description of the contents of each oonsinment. Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 b/ A coinrraerciai invoice of standardized form should be designed to include all essential data, not appearing on the packing list, which are required by consignors, consignees, Bove&ent authorities and other agencies in any way concerned with the shipment. Data on the packing list should supplement those on the commercial in- voice and therefore both documents should be stapled to,ether. It is believed that a commercial invoice form of size not more than 11 inches /27.94 centimetres/ in width which will fit into a standard typewriter, will be large enough. The sheet can be any length to meet actual needs. The invoice should comprise the following date: name of seller /consignor/, purchaser /con- signee/, place of destination, person to be notified, means of carriage used, carrier, flag, port /,place/ of exportation, of transshipment, of discharge, port of entry /customs clearance/, No. and date of bill of lading, export and import licence, in- surance policy, country of origin, terms of sale, terms of pay- ment, number and kind of packages, their marks, net, legal and gross weight, quantity and nature of the goods, price per unit and total price. The headings of commercial invoices should be in French, English and Spanish, and the invoices filled up in one of these three languageso A shipper cannot; be expected to know the language of all the countries with which he does business, and it he attemps to use a language with which he is insufficiently acquain- ted the result Is often mistfi.kes and heavy fines. The customs declaration made by the shipper or his agent in the language of the importing country would provide sufficient means of control for the officials of the importing country. a/ The data contained in the packing list are usually ir:- portent for preparing other documents. As a rule these data sup- plement those on the commercial incroioe, so that both these docu-. meats should be stapled together before being submitted to those governmental or private ag;?ncies which require information con- tained on both of them. The Montreux Congress of the Intern.at ions l Chamber of Commerce also recommended the abolition of cony+ular invoices, certificates of origin, consular visas and other, :Le*alisat1on, the transit manifest, the document for statistical purposes, the abolition of regulations requiring the shipper to oiassifl his goods according to the customs tariff of the importing country, the shipper to be exempt from making declarations of value other than those appearing in his contract, the introduction of rnetrie weights and measures , elusively in international trade, abolition of the obligation to Mace marks of origin on packing used solely for carriage, adoption of an interncttonal, set of rules for the tcnnr.ge measurement of ships, abrogation of import, export and exchange controls, and facilities for customs clearance. The reconmenlations of which there were 12 in all were sub- mitted in October 1947 by. the International Chamber of Commerce to the iTnited Nations Organisation for consideration by the Social and Economic Coumioil and the Transport and Comymunications Con- mission, They Transport and Corlmunications Commission discussed the matter preliminLril.y in April 19443$ and the Economic and Social Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 - 23 - Council, In July and August 1948. The matter, eras classified according to its nature, and it Was found that the problem concerned in the main. the following organisations: the Inter--l;overnmental Maritime Consultative Organisation /[PMCO/, The Intsrnaational Civil Aviation Organisation /ICAO/, and the International Trade Organisation /ITO/, which is to. be set :up.., It is of _oou.rse;?a uesta~an when. this orga- nisation will be established, as up to now only Liberia has rati~ fled the Havana Charter without reservations.' At the request, then, of the Transport and Communications Commission, the Economic and Social Counsil asked from the United Nations member States an opinion on the individual, recommendations. after examining the conventional /automatic/ measures, compatible with the priciples of Charter, directed towards simplifying customs formalities and other formalities connected therewith, which repre- sent obstacles to international trade and transport. /In the meen- time, howwever, another .Conwress of the Intern..ticnel Chamber of Commerce has been held - at cuebec in June 1949 - at 'yhich a rese., lution was adopted entitled "Invisible Barriers to Trade and Travel". This Congress has extended the whole problem by proposing in contradistinction t .o, the 1.7.creux Congress which had suggested the convoking of an international conference - that a national committee set up in each country and composed of repress ntatives of business circles and the relevant authorities should discuss tre matter with special reference to the Havana Charter, the Ge=neral #L -reement of Customs Duties and Trade, the Convention for Simplification of Customs Formalities of 1923, etc. Besides this, it has been r.ecom- metded to set up an international committee compose! of independent experts from burs*ffieo ;nd governmental circles for the purpose of elaborating uniform in.terrrxations+]. regul xtlorr>. in answer to the re=quest of the ''+,conomic rd Social Council opinions have been received from 1.? countries, nr-rely: Afghanistan, Australia, Belgium, Canada, Czee iobtawt ka , Denmark, Tgypt, France, India., Iran, New Zealand, Norway, Pakistan, Union -f South Africa, the United Kingdom, the United States of Airericaa and Sweden. On the whole it may be said that t'.e Gov arnmeitts of these countries agree in principle with the recommendations of the Inter- national Chamber of Commerce, In some cases, of course, with reser- vations. The United States, for example, print: out that it must require consular invoices as U.S. laa,!rs prescribe them. New Zealand, again, demands special customs invoices coup 1oc? -ith certifiaata; of origin, customs declert:ation, sanitary certificate, etc. The generally favourable attitude of these countries is nothing more or less than the expression of a long chorishel desire for the abolition of consular invoices And other shi*,pin documents which are frequently not required except for m eighty reasons. Among the countrias, however,wwrhich in. i.st. on the siibmislion of these dog u- rents, only the t:'ni.tpd ;tFites expressed' en opinion, and that of course, `with. reservation. Translated from the "Zahrani 6ni obohud" /P'i ni s tr r of Foreign. Trade Weekly/ No. 43j, 44r 45, 4-6, 47 t nd 8/lt 5u, Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926A003400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Iceland: 2 commercial invoices. India: 2 commercial invoices and 2 oertifioates.oi origin. Inaoznesia 2 oomme ciel invoices. Irant 4 legalised commercial invoices and 2 certificates of origin. Iraq: 3 commercial invoices. Irelands 2 commercial Invoices. Israel: 4 custom's invoices. I~en ra and U ands: 3 custom's invoices. ?r+a r saw. IPgww w...#. Lebanon; 3 legalised commercial invoices. Liberia: 5 legalised commercial invoices. Luxeusbour?: 2 commercial invoices. Mexico: 5 oozamerotal'invoices /non-legalised/ of prescribed con.. tents, Netherlands: 2 commercial invoices. Now Zealand: New Zealand: 3 customs invoices. Nicdra ua: 6 legalised commercial invoices and 6 consular invoices. Nimia_ 3 custom's invoices. NvrwaZ: 2 Commercial invoices. Pakl.stant 2. commercial invoices and 2 certificates of origin. ww+ww ;. w~~ Panama: 5 legalised commercial invoices and 5 consular invoigos. Paraguay; 2 commercial invoices and 4 consular invoices. Peru: 4 legalised commercial invoices and 4 consular invoices. rwww_ Philippines; 4 Consular invoices. r w .r .~ Poland: 2 legalised commercial invoices, Portoricol, 4 consular invoices. Portu sl s 2 - commercial invoices. Roumania: 6 legalised commercial invoices. Salvador: 8 legalised commercial invoices of prescribed contents. w_r'r w.ulY 1-'q~ - Saudi Arabia: 4 commercial invoices, in which country of origin Is stated. slag; 2 oommerolal Invoices. Syriac 3 legalise4 commercial invoices. Sweden: 2 commercial invoices. ...rw~rrnr - Switzerland: 2 commercial invoices. Translordan,ia: 3 oomwroial invoices. ww vww w.ww.ir~w~tw Turkey: 2-5 commercial invoices and 3 certificates of origin, Union of South AYrita- 3 custom's invoices. Uruguaxi 2 commercial Invoices and 4 consular invoices. Yw w aW Ma V Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Unites .Adt83 - 4 4cnsii1ar irivoic+ s. in z , }l+ w cc rzr. re iai. twivo joe$1 4, cot uiar inve ie* n"land Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7 50X1-HUM Declassified in Part - Sanitized Copy Approved for Release 2012/11/01: CIA-RDP80-00926AO03400010053-7