(b) The nature and standard of the tests to be carried out in each of the States parties to such agreements, due care being taken that the standard of purity required for the various products is fixed in such a way as not to be tantamount to virtual prohibition.

Article 14. The Contracting States shall consider the most appropriate methods of simplifying and making more uniform and reasonable, whether by means of individual or concerted action, the formalities relating to the rapid passage of goods through the Customs, the examination of travellers' luggage, the system of goods in bond and warehousing charges, and the other matters dealt with in the Annex to this Article.

In giving effect to this Article, the Contracting States will extend favourable consideration to the recommendations contained in that Annex.

Annex to Article 14.

A. - Rapid Passage of Goods through the Customs.

Organisation and working of the service.

1. In order to avoid congestion at certain frontier Customs Offices, it is desirable that the practice of clearing goods at inland offices or warehouses should be encouraged whenever domestic regulations, transport conditions and the nature of the goods permit of this being done.

2. It is desirable that, unless abuse is suspected, and subject to the rights of States under their own legislation, the lead or other Customs seals affixed by a State to goods which are in transit or on their way to warehouses should be recognised and respected by other States, apart from the right of the latter to affix new Customs marks in addition to the lead or other seals.

Passage of goods through the Customs.

3. It is desirable that the States should, as far as is possible, but without prejudice to their right to levy special charges:

(a) facilitate the clearing of perishable goods outside ordinary office hours and on days other than working days;

(b) authorise, as far as their legislation permits, the lading and unlading of vessels and boats outside the ordinary Customs-House working days and office hours.

Facilities granted to persons declaring goods.

4. It is desirable that the consignee should always be free, except in so far as otherwise provided by Article 10 of the Berne Convention of October 14th, 1890, regarding the Carriage of Goods by Bail, which was amended by the Berne Convention of September 19th, 1906, to declare, in person, goods in a Customs Office, or to cause this declaration to be made by some person designated by him.

5. It is desirable, wherever it is considered that such a system could usefully be employed, to adopt a printed form, including the Customs declaration, to be filled in by the party concerned, the certificate of verification, and, if the country in question regards it as advisable, the receipt for the payment of the import duties.

6. It is desirable that States should refrain, so far as possible, from inflicting severe penalties for trifling infractions of Customs procedure or regulations. In particular, if an act of omission or an error has been committed which is obviously devoid of any fraudulent intent and which can easily be put right, in respect of cases in which the production of documents is required for the clearing of goods through the Customs, any fine which may be imposed should be as small as possible so as to be as little burdensome as possible and to have no character other than that of a formal penalty, i. e. of a simple warning.

7. Consideration should be given to the possibility of using postal money-orders or cheques, against security of a permanent character, for the payment or guarantee of Customs duties.

8. It is desirable that the Customs authorities should as far as possible be authorised, when the identity of the goods can be established to their satisfaction, to refund on re-exportation of goods the duties paid on their importation, provided that they have remained continuously under the supervision of the Customs authorities. It is also desirable that no export duties should be imposed when, such goods are re-exported.

9. Suitable measures should be taken to avoid all delay in the passage through the Customs of commercial catalogues and other printed matter of the same kind intended for advertisement when they are sent by post or packed with the goods to which they refer.

10. It is desirable, in cases in which certain documents necessary for purposes of Customs formalities must bear the visa of a consulate or other authority, that the office which grants the visa should endeavour so far as possible to keep the hours of business which are habitual in the commercial circles of the locality in which such office is situated; it is also desirable that charges for attendances out of office hours, when levied, should be fixed at as reasonable a figure as possible.

B. - Examination of Baggage.

11. It is desirable that the practice of examining hand baggage in trains consisting entirely of corridor stock, either en route or when the train stops at a frontier station, should if possible be generally applied.

12. It is desirable that the practice recommended in paragraph 11 above as regards the examination of travellers' baggage should, as far as possible, be extended to journeys by sea and on rivers. The examination should, as far as practicable, be carried out on board ship, either during the voyage, when the crossing is not long, or on the ship's arrival in port.

13. It is desirable that notices should de posted on the Customs-House premises and, as far as possible, in railway carriages and on boats, stating the charges and duties payable on the chief articles which travellers usually carry, and also a list of the articles the importation of which is prohibited.

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 timelimit 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 return 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 non-frontier 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 packingcases 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 November 3rd, 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 1914-1918, arid 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 1914-1918, shail 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 October 31st, 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 Secretary-General 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 October 31st, 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 Secretary-General, 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 abovenamed Plenipotentiaries have signed the present Convention.

DONE at Geneva, the third day of November one thousand nine hundred and twenty-three, 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.

Germany: Willy Ernst.

Austria: E. Pflügl.

Belgium: J. Brunet, A. Janssen.

Brazil: J. A. Barboza Carneiro.

British Empire: H. Llewellyn Smith.

Union of South Africa: H. Llewellyn Smith.

Australia: C. A. B. Campion.

New Zealand: J. Allen.

I hereby declare that my signature includes the Mandated Territory of Western Samoa.

India: Hardinge of Penshurst.

Bulgaria: D. Mikoff.

Chile: Jorge Buchanan.

China: J. R. Loutsengtsiang.

Denmark: A. Oldenburg.

Egypt: T. C. Macaulay, A. Abdel Khalek.

Spain: Emilio de Palacios.

Finland: Niilo A. Mannio, Urho Toivola.

France: E. Bolley.

Greece: V. Colocotronis, D. Capsali.

Hungary: F. de Parcher.

Italy: Carlo Pugliesi.

Japan: Y. Sugimura.

Lithuania: Dobkevicius, Dr. P. Karvelis.

Luxemburg: Ch. Vermaire.

French Protectorate of Morocco: P. Serra.

Norway: Fridtjof Nansen.,

Paraguay: R. V. Caballero.

The Netherlands: E. Menten, W. Doude van Troostwijk.

Poland: J. Modzelewski.

Portugal: A. M. Bartholomeo Ferreira.

Roumania: N. P. Comnene.

Kingdom of the Serbs, Croats and Slovenes: Radmilo Bouyditch, Dr. Valdemar Lounatchek.

Siam: Phya Sanpakitch Preecha.

Sweden: Hj. Branting.

Switzerland: Häusermann, E. Leuté.

Czechoslovakia: J. Dvořáček, Dr. Schönbach.

Regency of Tunis (French Protectorate): Ode.

Uruguay: E. Buero.

Protocol to the international Convention relating to the simplification of Customs formalities

At the moment of signing the Convention of to-day's date relating to the simplification of Customs formalities, the undersigned, duly authorised, have agreed as follows:

1. It is understood that the obligations of the Contracting States under the Convention referred to above do not in any way affect those which they have contracted or may in future contract under international treaties or agreements relating to the preservation of the health of human beings, animals or plants (particularly the International Opium Convention), the protection of public morals or international security.

2. As regards the application of Article 3, the obligation accepted by Canada binds only the Federal Government and not the Provincial Governments, which, under the Constitution, possess the power of prohibiting or restricting the importation of certain products into their territories.

3. As regards the application of Articles 4 and 5, the acceptance of these Articles by Brazil and Canada only involves, in the case of these States, the responsibility of the Federal Government to the extent to which the measures relating to tariffs or regulations referred to in those Articles are taken by itself, and without its assuming any responsibility as regards such measures taken by the States or Provinces under rights conferred on them by the Constitution of the country.

4. In regard to the application of Article 4 and of the second paragraph of Article 5, the undertaking entered into by Germany does not entail any obligation on her part to publish certain trifling taxes which she collects or certain special formalities which she applies, but which are not imposed by her but by Federal States or by local authorities.

5. As regards the application of Article 11, the Contracting States recognise that the rules which they have established constitute the minimum guarantees which all the Contracting States may claim, and do not exclude the voluntary extension or adaptation of such rules by bilateral or other agreements voluntarily concluded between the said States.

6. In view of the special circumstances in which they are placed, the Governments of Spain, Finland, Poland and Portugal have stated that they reserve the right of excepting Article 10 at the time of ratification and that they will not be bound to apply the said Article until after a period of five years from this day.

A similar declaration has been made by the Governments of Spain, Greece and Portugal in respect of paragraph 8 of Article 11 of the Convention, and by the Governments of Spain and Portugal in respect of paragraph 3 of the same Article. The Government of Poland has made a similar declaration in respect of the application of the whole of the same Article, with the exception of paragraphs 1, 2, 4, 5, 7 and 9, which it agrees to apply as from the coming into force in its own case of the said Convention.

The other Contracting States, while stating their acceptance of the reserves so formulated, declare that they will not be bound, in regard to the States which have made the said reserves, as regards the matters to which they relate, until the provisions in question are applied by the said States.

Any exceptions which may subsequently be formulated by other Governments, at the time of their ratification or accession, with reference to Article 10, Article 11, or any particular provisions of those Articles, shall be accepted, for the period referred to in the first paragraph above, and subject to the conditions laid down in, the third paragraph, if the Council of the League of Nations so decides after consulting the technical body mentioned in Article 22 of the Convention.

The present Protocol will have the same force, effect and duration as the Convention of to-day's date, of which it is to be considered as an integral part.

In faith whereof the above-named Plenipotentiaries have signed the present Convention.

DONE at Geneva, the third day of November one thousand nine hundred and twenty-three, 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.

Germany: Willy Ernst.

Austria: E. Pflügl.

Belgium: J. Brunet, A. Janssen.

Brazil: J. A. Barboza Carneiro.

British Empire: H. Llewellyn Smith.

Union of South Africa: H. Llewellyn Smith.

Australia: C. A. B. Campion.

New Zealand: J. Allen.

I hereby declare that my signature includes the Mandated Territory of Western Samoa.

India: Hardinge of Penshurst.

Bulgaria: D. Mikoff.

Chile: Jorge Buchanan.

China: J. R. Loutsengtsiang.

Denmark: A. Oldenburg.

Egypt: T. C. Macaulay, A. Abdel Khalek.

Spain: Emilio de Palacios.

Finland: Niilo A. Mannio, Urho Toivola.

France: E. Bolley.

Greece: V. Colocotronis, D. Capsali.

Hungary: F. de Parcher.

Italy: Carlo Pugliesi.

Japan: Y. Sugimura.

Lithuania: Dobkevicius, Dr. P. Karvelis.

Luxemburg: Ch. Vermaire.

French Protectorate of Morocco: P. Serra.

Norway: Fridtjof Nansen.

Paraguay: R. V. Caballero.

The Netherlands: E. Menten, W. Doude van Troostwijk.