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December 16, 1949

Note: The Convention was concurred in by the Senate, S.R. No. 23, May 18, 1950. The Philippine instrument of acceptance was signed by the President, June 29, 1950 and was deposited with the Brussels Government, July 26, 1950. The Convention as amended entered into force. May 5, 1950 and with respect to the Philippines, August 26, 1950.

Reference: The Convention is also published in 107 LNTS, p. 564. The amended Convention is published in 72 UNTS, p. 3.

The Representatives of the signatory Governments:

CONVINCED of the importance of the work of the International Bureau for the Publication of Customs Tariffs instituted by the Convention of July 5, 1890,

CONSIDERING that the funds authorized by the said Convention are not sufficient to enable the Bureau to carry out its task adequately,

DULY authorized, HEREBY AGREE to make the following modifications to the Convention of July 5, 1890, concerning the creation of an international Union for the Publication of Customs Tariffs and to the Regulations for the execution of the Convention instituting an International Bureau for the Publication of Customs Tariffs as well as the memorandum of signature:

CONVENTION OF JULY 5, 1890, CONCERNING THE CREATION OF AN INTERNATIONAL UNION FOR THE PUBLICATION OF CUSTOMS TARIFFS.

Articles 8 to 10 are replaced by the following articles:

ARTICLE 8

The annual budget of expenditure of the International Bureau is fixed at the maximum figure of 500,000 gold francs.

ARTICLE 9

With the view of fairly assessing the contributive share of the Contracting States, these will be divided according to the amount of their respective trade, into seven classes each contributing in the proportion of a certain number of units, namely:

1st Class. Countries whose trade regularly amounts to more than 5,000 millions of gold francs: 53 units.

2nd Class. Countries whose trade regularly amounts from 3,000 to 5,000 millions of gold francs: 36.5 units

3rd Class. Countries whose trade regularly amounts from 1,500 to 3,000 millions of gold francs: 25 units.

4th Class. Countries whose trade regularly amounts from 500 to 1,500 millions of gold francs: 20 units.

5th Class. Countries whose trade regularly amounts from 300 to 500 millions of gold francs: 13 units

6th Class. Countries whose trade regularly amounts from 100 to 300 millions of gold francs: 8 units.

7th Class. Countries whose trade regularly amounts to less than 100 millions of gold francs: 3 units.

ARTICLE 10

In regard to countries whose language will not be used by the International Bureau the foregoing figures will respectively be reduced by two-fifths, so that they will stand namely:

For the 1st class: at 21.8 units
For the 2nd class: at 21.9 units
For the 3rd class: at 15 units
For the 4th class; at 12 units
For the 5th class: at 8 units
For the 6th class: at 5 units
For the 7th class: at 1 unit

REGULATIONS FOR THE EXECUTION OF THE CONVENTION
INSTITUTING AN INTERNATIONAL BUREAU FOR THE
PUBLICATION OF CUSTOMS TARIFFS

Articles 7, 8 and 10 are replaced by the following articles:

ARTICLE 7

The amount of the proportional contribution of each State will be returned in the shape of subscriptions to the International Journal calculated at the rate of 100 gold francs each.

ARTICLE 8

The expenses are approximately calculated as follows:

ARTICLE 10

The head of the International Bureau is authorized, subject to the approbation of the Minister of Foreign Affairs of Belgium, to carry over to the current year unemployed sums of the previous year. These sums will so far as they extend be applied towards the formation of a reserve fund intended to provide for contingent expenses, but said reserve fund shall in no case exceed 100,000 gold francs. The surplus will if so deemed for enable the price of the subscription to the Journal to be reduced but it shall not be used to increase the number of copies guaranteed by the Contracting States; such surplus may also go towards payment of the expenses involved by the translation into another language besides those enumerated in Article 1.

This last mentioned measure can only be carried out subject to the joint assent of the States and Colonies parties to the Union.

MEMORANDUM OF SIGNATURE

The Memorandum of Signature annexed to the Convention of July 5, 1890, is replaced by the following:

The undersigned delegates this day assembled for the purpose of modifying the Convention and Regulations concerning the International Union for the Publication of Customs Tariffs, have exchanged the following declarations:

1. Regarding the classification of the countries of the Union in respect to the quota of expenses of the International Bureau (Articles 9, 10 and 11 of the Convention):

The delegates declare that the adhering countries are divided into the following classes and shall respectively be bound to contribute in the proportion of the number of units hereinafter set forth.

The amounts of the contributions are established provisionally according to the following table. These contributions shall be revised when circumstances significantly change and in any event before 31st May 1954.

2. Regarding the payment of the contributions to become by the contracting parties:

The delegates declare that the same shall be paid in Brussels during the first quarter of each financial year and in money of legal tender in Belgium.

Should any of the Contracting Parties leave outstanding more than two yearly contributions, in spite of the reminders addressed to such Party by the Belgian Government, it will be the right of the International Customs Tariffs Bureau temporarily to discontinue the dispatch of its publications to the said Contracting Party.

The Present Protocol shall remain open for signature at the Ministry of Foreign Affairs of Belgium until 31st March, 1950, inclusive.

As from that date, the present Protocol shall be deposited in the Archives of the Belgian Government.

The present Protocol shall become effective between the States which have signed, notified their acceptance or sent in their ratifications, at such date as the aggregate of their annual contributions to the International Customs Tariffs Bureau shall exceed one half of the authorized budget of expediture of the said Bureau, as specified in the present Protocol.

After the present Protocol has come into effect the States which have not signed the present Protocol or who have signed it with a reservation as to acceptance, may adhere to it upon request. These adhesions shall be notified through diplomatic channels to the Belgian Government which in turn shall notify the Governments of each of the other Contracting States; these adhesions shall enter into effect thirty days after the dispatch of the notifications by the Belgian Government.

DONE at Brussels, in a single copy, on the 16th day of December, 1949.

Parties to the Protocol as of December 31, 1965: