UNITED NATIONS CONVENTION ON INTERNATIONAL MULTIMODAL TRANSPORTOF GOODS, 1980
UNITED NATIONS CONVENTION ON INTERNATIONAL MULTIMODAL TRANSPORTOF GOODS, 1980
Whole document
THE STATES PARTIES TO THIS CONVENTION,
RECOGNIZING:
(a) That international multimodal transport is one means of
facilitating the orderly expansion of world trade;
(b) The need to stimulate the development of smooth, economic and
efficient multimodal transport services adequate to the requirements of
the trade concerned;
(c) The desirability of ensuring the orderly development of
international multimodal transport in the interest of all countries and
the need to consider the special problems of transit countries;
(d) The desirability of determining certain rules relating to the
carriage of goods by international multimodal transport contracts,
including equitable provisions concerning the liability of multimodal
transport operators;
(e) The need that this Convention should not affect the application of
any international convention or national law relating to the regulation
and control of transport operations;
(f) The right of each State to regulate and control at the national
level multimodal transport operators and operations;
(g) The need to have regard to the special interest and problems of
developing countries, for example, as regards introduction of new
technologies, participation in multimodal services of their national
carriers and operators, cost efficiency thereof and maximum use of local
labour and insurance;
(h) The need to ensure a balance of interests between suppliers and
users of multimodal transport services;
(i) The need to facilitate customs procedures with due consideration
to the problems of transit countries;
AGREEING to the following basic principles:
(a) That a fair balance of interests between developed and developing
countries should be established and an equitable distribution of
activities between these groups of countries should be attained in
international multimodal transport;
(b) That consultation should take place on terms and conditions of
service, both before and after the introduction of any new technology in
the multimodal transport of goods, between the multimodal transport
operator, shippers, shippers' organizations and appropriate national
authorities;
(c) The freedom for shippers to choose between multimodal and
segmented transport services;
(d) That the liability of the multimodal transport operator under this
Convention should be based on the principle of presumed fault or neglect;
HAVE DECIDED to conclude a Convention for this purpose and have
thereto agreed as follows:
PART I. GENERAL PROVISIONS
Article 1 Definitions
For the purposes of this Convention:
1. "International multimodal transport" means the carriage of goods by
at least two different modes of transport on the basis of a multimodal
transport contract from a place in one country at which the goods are
taken in charge by the multimodal transport operator to a place designated
for delivery situated in a different country. The operations of pick-up
and delivery of goods carried out in the performance of a unimodal
transport contract, as defined in such contract, shall not be considered
as international multimodal transport.
2. "Multimodal transport operator" means any person who on his own
behalf or through another person acting on his behalf concludes a
multimodal transport contract and who acts as a principal, not as an agent
or on behalf of the consignor or of the carriers participating in the
multimodal transport operations, and who assumes responsibility for the
performance of the contract.
3. "Multimodal transport contract" means a contract whereby a
multimodal transport operator undertakes, against payment of freight, to
perform or to procure the performance of international multimodal
transport.
4. "Multimodal transport document" means a document which evidences a
multimodal transport contract, the taking in charge of the goods by the
multimodal transport operator, and an undertaking by him to deliver the
goods in accordance with the terms of that contract.
5. "Consignor" means any person by whom or in whose name or on whose
behalf a multimodal transport contract has been conducted with the
multimodal transport operator, or any person by whom or in whose name or
on whose behalf the goods are actually delivered to the multimodal
transport operator in relation to the multimodal transport contract.
6. "Consignee" means the person entitled to take delivery of the
goods.
7. "Goods" includes any container, pallet or similar article of
transport or packaging, if supplied by the consignor.
8. "International convention" means an international agreement
concluded among States in written form and governed by international law.
9. "Mandatory national law" means any statutory law concerning
carriage of goods the provisions of which cannot be departed from by
contractual stipulation to the detriment of the consignor.
10. "Writing" means, inter alia, telegram or telex.
Article 2 Scope of Application
The provisions of this Convention shall apply to all contracts of
multimodal transport between places in two States, if:
(a) The place for the taking in charge of the goods by the multimodal
transport operator as provided for in the multimodal transport contract is
located in a Contracting State, or
(b) The place for delivery of the goods by the multimodal transport
operator as provided for in the multimodal transport contract is located
in a Contracting State.
Article 3 Mandatory Application
1. When a multimodal transport contract has been concluded which
according to Article 2 shall be governed by this Convention, the
provisions of this Convention shall be mandatorily applicable to such
contract.
2. Nothing in this Convention shall affect the right of the consignor
to choose between multimodal transport and segmented transport.
Article 4 Regulation and Control of Multimodal Transport
1. This Convention shall not affect, or be incompatible with, the
application of any international convention or national law relating to
the regulation and control of transport operations.
2. This Convention shall not affect the right of each State to
regulate and control at the national level multimodal transport operations
and multimodal transport operators, including the right to take measures
relating to consultations, especially before the introduction of new
technologies and services, between multimodal transport operators,
shippers, shippers' organizations and appropriate national authorities on
terms and conditions of service; licensing of multimodal transport
operators; participation in transport; and all other steps in the national
economic and commercial interest.
3. The multimodal transport operator shall comply with the applicable
law of the country in which he operates and with the provisions of this
Convention.
PART II. DOCUMENTATION
Article 5 Issue of Multimodal Transport Document
1. When the goods are taken in charge by the multimodal transport
operator, he shall issue a multimodal transport document which, at the
option of the consignor, shall be in either negotiable or non-negotiable
form.
2. The multimodal transport document shall be signed by the multimodal
transport operator or by a person having authority from him.
3. The signature on the multimodal transport document may be in
handwriting, printed in facsimile, perforated, stamped, in symbols, or
made by any other mechanical or electronic means, if not inconsistent with
the law of the country where the multimodal transport document is issued.
4. If the consignor so agrees, a non-negotiable multimodal transport
document may be issued by making use of any mechanical or other means
preserving a record of the particulars stated in Article 8 to be contained
in the multimodal transport document. In such a case the multimodal
transport operator, after having taken the goods in charge, shall deliver
to the consignor a readable document containing all the particulars so
recorded, and such document shall for the purposes of the provisions of
this Convention be deemed to be a multimodal transport document.
Article 6 Negotiable Multimodal Transport Document
1. Where a multimodal transport document is issued in negotiable form:
(a) It shall be made out to order or to bearer;
(b) If made out to order it shall be transferable by endorsement;
(c) If made out to bearer it shall be transferable without
endorsement;
(d) If issued in a set of more than one original it shall indicate
the number of originals in the set;
(e) If any copies are issued each copy shall be marked
"non-negotiable copy".
2. Delivery of the goods may be demanded from the multimodal transport
operator or a person acting on his behalf only against surrender of the
negotiable multimodal transport document duly endorsed where necessary.
3. The multimodal transport operator shall be discharged from his
obligation to deliver the goods if, where a negotiable multimodal
transport document has been issued in a set of more than one original, he
or a person acting on his behalf has in good faith delivered the goods
against surrender of one of such originals.
Article 7 Non-negotiable Multimodal Transport Document
1. Where a multimodal transport document is issued in a non-negotiable
form it shall indicate a named consignee.
2. The multimodal transport operator shall be discharged from his
obligation to deliver the goods if he makes delivery thereof to the
consignee named in such non-negotiable multimodal transport document or to
such other person as he may be duly instructed, as a rule, in writing.
Article 8 Contents of the Multimodal Transport Document
1. The multimodal transport document shall contain the following
particulars:
(a) The general nature of the goods, the leading marks necessary
for identification of the goods, an express statement, if applicable, as
to the dangerous character of the goods, the number of packages or pieces,
and the gross weight of the goods or their quantity otherwise expressed,
all such particulars as furnished by the consignor;
(b) The apparent condition of the goods;
(c) The name and principal place of business of the multimodal
transport operator;
(d) The name of the consignor;
(e) The consignee, if named by the consignor;
(f) The place and date of taking in charge of the goods by the
multimodal transport operator;
(g) The place of delivery of the goods;
(h) The date or the period of delivery of the goods at the place
of delivery, if expressly agreed upon between the parties;
(i) A statement indicating whether the multimodal transport
document is negotiable or non-negotiable;
(j) The place and date of issue of the multimodal transport
document;
(k) The signature of the multimodal transport operator or of a
person having authority from him;
(l) The freight for each mode of transport, if expressly agreed
between the parties, or the freight, including its currency, to the extent
payable by the consignee or other indication that freight is payable by
him.
(m) The intended journey route, modes of transport and places of
transhipment, if known at the time of issuance of the multimodal transport
document;
(n) The statement referred to in paragraph 3 of Article 28;
(o) Any other particulars which the parties may agree to insert in
the multimodal transport document, if not inconsistent with the law of the
country where the multimodal transport document is issued.
2. The absence from the multimodal transport document of one or more
of the particulars referred to in paragraph 1 of this Article shall not
affect the legal character of the document as a multimodal transport
document provided that it nevertheless meets the requirements set out in
paragraph 4 of Article 1.
Article 9 Reservations in the Multimodal Transport Document
1. If the multimodal transport document contains particulars
concerning the general nature, leading marks, number of packages or
pieces, weight or quantity of the goods which the multimodal transport
operator or a person acting on his behalf knows, or has reasonable grounds
to suspect, do not accurately represent the goods actually taken in
charge, or if he has no reasonable means of checking such particulars, the
multimodal transport operator or a person acting on his behalf shall
insert in the multimodal transport document a reservation specifying these
inaccuracies, grounds of suspicion or the absence of reasonable means of
checking.
2. If the multimodal transport operator or a person acting on his
behalf fails to note on the multimodal transport document the apparent
condition of the goods, he is deemed to have noted on the multimodal
transport document that the goods were in apparent good condition.
Article 10 Evidentiary Effect of the Multimodal Transport Document
Except for particulars in respect of which and to the extent to which
a reservation permitted under Article 9 has been entered:
(a) The multimodal transport document shall be prima facie evidence of
the taking in charge by the multimodal transport operator of the goods as
described therein;
(b) Proof to the contrary by the multimodal transport operator shall
not be admissible if the multimodal transport document is issued in
negotiable form and has been transferred to a third party, including a
consignee, who has acted in good faith in reliance on the description of
the goods therein.
Article 11 Liability for Intentional Misstatements or Omissions
When the multimodal transport operator, with intent to defraud, gives
in the multimodal transport document false information concerning the
goods or omits any information required to be included under paragraph 1
(a) or (b) of Article 8 or under Article 9, he shall be liable, without
the benefit of the limitation of liability provided for in this
Convention, for any loss, damage or expenses incurred by a third party,
including a consignee, who acted in reliance on the description of the
goods in the multimodal transport document issued.
Article 12 Guarantee by the Consignor
1. The consignor shall be deemed to have guaranteed to the multimodal
transport operator the accuracy, at the time the goods were taken in
charge by the multimodal transport operator, of particulars relating to
the general nature of the goods, their marks, number, weight and quantity
and, if applicable, to the dangerous character of goods, as furnished by
him for insertion in the multimodal transport document.
2. The consignor shall indemnify the multimodal transport operator
against loss resulting from inaccuracies in or inadequacies of the
particulars referred to in paragraph 1 of this Article. The consignor
shall remain liable even if the multimodal transport document has been
transferred by him. The right of the multimodal transport operator to such
indemnity shall in no way limit his liability under the multimodal
transport contract to any person other than the consignor.
Article 13 Other Documents
The issue of the multimodal transport document does not preclude the
issue, if necessary, of other documents relating to transport or other
services involved in international multimodal transport, in accordance
with applicable international conventions or national law. However, the
issue of such other documents shall not affect the legal character of the
multimodal transport document.
PART III. MULTIMODAL LIABILITY OF THE TRANSPORT OPERATOR
Article 14 Period of Responsibility
1. The responsibility of the multimodal transport operator for the
goods under this Convention covers the period from the time he takes the
goods in his charge to the time of their delivery.
2. For the purpose of this Article, the multimodal transport operator
is deemed to be in charge of the goods:
(a) From the time he has taken over the goods from:
(i) The consignor or a person acting on his behalf; or
(ii) An authority or other third party to whom, pursuant to
law or regulations applicable at the place of taking in charge, the goods
must be handed over for transport;
(b) Until the time he has delivered the goods:
(i) By handing over the goods to the consignee; or
(ii) In cases where the consignee does not receive the goods
from the multimodal transport operator, by placing them at the disposal of
the consignee in accordance with the multimodal transport contract or with
the law or with the usage of the particular trade applicable at the place
of delivery; or
(iii) By handing over the goods to an authority or other third
party to whom, pursuant to law or regulations applicable at the place of
delivery, the goods must be handed over.
3. In paragraphs 1 and 2 of this Article, reference to the multimodal
transport operator shall include his servants or agents or any other
person of whose services he makes use for the performance of the
multimodal transport contract, and reference to the consignor or consignee
shall include their servants or agents.
Article 15 The Liability of the Multimodal Transport Operator for his
Servants, Agents and Other Persons
Subject to Article 21, the multimodal transport operator shall be
liable for the acts and omissions of his servants or agents, when any such
servant or agent is acting within the scope of his employment, or of any
other person of whose services he makes use for the performance of the
multimodal transport contract, when such person is acting in the
performance of the contract, as if such acts and omissions were his own.
Article 16 Basis of Liability
1. The multimodal transport operator shall be liable for loss
resulting from loss of or damage to the goods, as well as from delay in
delivery, if the occurrence which caused the loss, damage or delay in
delivery took place while the goods were in his charge as defined in
Article 14, unless the multimodal transport operator proves that he, his
servants or agents or any other person referred to in Article 15 took all
measures that could reasonably be required to avoid the occurrence and its
consequences.
2. Delay in delivery occurs when the goods have not been delivered
within the time expressly agreed upon or, in the absence of such
agreement, within the time which it would be reasonable to require of a
diligent multimodal transport operator, having regard to the circumstances
of the case.
3. If the goods have not been delivered within 90 consecutive days
following the date of delivery determined according to paragraph 2 of this
Article, the claimant may treat the goods as lost.
Article 17 Concurrent Causes
Where fault or neglect on the part of the multimodal transport
operator, his servants or agents or any other person referred to in
Article 15 combines with another cause to produce loss, damage or delay in
delivery, the multimodal transport operator shall be liable only to the
extent that the loss, damage or delay in delivery is attributable to such
fault or neglect, provided that the multimodal transport operator proves
the part of the loss, damage or delay in delivery not attributable
thereto.
Article 18 Limitation of Liability
1. When the multimodal transport operator is liable for loss resulting
from loss of or damage to the goods according to Article 16, his liability
shall be limited to an amount not exceeding 920 units of account per
package or other shipping unit or 2.75 units of account per kilogram of
gross weight of the goods lost or damaged, whichever is the higher.
2. For the purpose of calculating which amount is the higher in
accordance with paragraph 1 of this Article, the following rules shall
apply:
(a) Where a container, pallet or similar article of transport is used
to consolidate goods, the packages or other shipping units enumerated in
the multimodal transport document as packed in such article of transport
are deemed packages or shipping units. Except as aforesaid, the goods in
such article of transport are deemed one shipping unit.
(b) In cases where the article of transport itself has been lost or
damaged, that article of transport, if not owned or otherwise supplied by
the multimodal transport operator, is considered one separate shipping
unit.
3. Notwithstanding the provisions of paragraphs 1 and 2 of this
Article, if the international multimodal transport does not, according to
the contract, include carriage of goods by sea or by inland waterways, the
liability of the multimodal transport operator shall be limited to an
amount not exceeding 8.33 units of account per kilogram of gross weight of
the goods lost or damaged.
4. The liability of the multimodal transport operator for loss
resulting from delay in delivery according to the provisions of Article 16
shall be limited to an amount equivalent to two and a half times the
freight payable for the goods delayed, but not exceeding the total freight
payable under the multimodal transport contract.
5. The aggregate liability of the multimodal transport operator, under
paragraphs 1 and 4 or paragraphs 3 and 4 of this Article, shall not exceed
the limit of liability for total loss of the goods as determined by
paragraph 1 or 3 of this Article.
6. By agreement between the multimodal transport operator and the
consignor, limits of liability exceeding those provided for in paragraphs
1, 3 and 4 of this Article may be fixed in the multimodal transport
document.
7. "Unit of account" means the unit of account mentioned in Article
31.
Article 19 Localised Damage
When the loss of or damage to the goods occurred during one particular
stage of the multimodal transport, in respect of which an applicable
international convention or mandatory national law provides a higher limit
of liability than the limit that would follow from application of
paragraphs 1 to 3 of Article 18, then the limit of the multimodal
transport operator's liability for such loss or damage shall be determined
by reference to the provisions of such convention or mandatory national
law.
Article 20 Non-contractual Liability
1. The defences and limits of liability provided for in this
Convention shall apply in any action against the multimodal transport
operator in respect of loss resulting from loss of or damage to the goods,
as well as from delay in delivery, whether the action be founded in
contract, in tort or otherwise.
2. If an action in respect of loss resulting from loss of or damage to
the goods or from delay in delivery is brought against the servant or
agent of the multimodal transport operator, if such servant or agent
proves that he acted within the scope of his employment, or against any
other person of whose services the makes use for the performance of the
multimodal transport contract, if such other person proves that he acted
within the performance of the contract, the servant or agent of such other
person shall be entitled to avail himself of the defences and limits of
liability which the multimodal transport operator is entitled to invoke
under this Convention.
3. Except as provided in Article 21, the aggregate of the amounts
recoverable from the multimodal transport operator and from a servant or
agent or any other person of whose services he makes use for the
performance of the multimodal transport contract shall not exceed the
limits of liability provided for in this Convention.
Article 21 Loss of the Right to Limit Liability
1. The multimodal transport operator is not entitled to the benefit of
the limitation of liability provided for in this Convention if it is
proved that the loss, damage or delay in delivery resulted from an act or
omission of the multimodal transport operator done with the intent to
cause such loss, damage or delay or recklessly and with knowledge that
such loss, damage or delay would probably result.
2. Notwithstanding paragraph 2 of Article 20, a servant or agent of
the multimodal transport operator or other person of whose services he
makes use for the performance of the multimodal transport contract is not
entitled to the benefit of the limitation of liability provided for in
this Convention if it is proved that the loss, damage or delay in delivery
resulted from an act or omission of such servant, agent or other person,
done with the intent to cause such loss, damage or delay or recklessly
and with knowledge that such loss, damage or delay would probably result.
PART IV. LIABILITY OF THE CONSIGNOR
Article 22 General Rule
The consignor shall be liable for loss sustained by the multimodal
transport operator if such loss is caused by the fault or neglect of the
consignor, or his servants or agents when such servants or agents are
acting within the scope of their employment. Any servant or agent of the
consignor shall be liable for such loss if the loss is caused by fault or
neglect on his part.
Article 23 Special Rules on Dangerous Goods
1. The consignor shall mark or label in a suitable manner dangerous
goods as dangerous.
2. Where the consignor hands over dangerous goods to the multimodal
transport operator or any person acting on his behalf, the consignor shall
inform him of the dangerous character of the goods and, if necessary, the
precautions to be taken. If the consignor fails to do so and the
multimodal transport operator does not otherwise have knowledge of their
dangerous character:
(a) The consignor shall be liable to the multimodal transport operator
for all loss resulting from the shipment of such goods; and
(b) The goods may at any time be unloaded, destroyed or rendered
innocuous, as the circumstances may require, without payment of
compensation.
3. The provisions of paragraph 2 of this Article may not be invoked by
any person if during the multimodal transport he has taken the goods in
his charge with knowledge of their dangerous character.
4. If, in cases where the provisions of paragraph 2 (b) of this
Article do not apply or may not be invoked, dangerous goods become an
actual danger to life or property, they may be unloaded, destroyed or
rendered innocuous, as the circumstances may require, without payment of
compensation except where there is an obligation to contribute in general
average or where the multimodal transport operator is liable in accordance
with the provisions of Article 16.
PART V. CLAIMS AND ACTIONS
Article 24 Notice of Loss, Damage or Delay
1. Unless notice of loss or damage, specifying the general nature of
such loss or damage, is given in writing by the consignee to the
multimodal transport operator not later than the working day after the day
when the goods were handed over to the consignee, such handing over is
prima facie evidence of the delivery by the multimodal transport operator
of the goods as described in the multimodal transport document.
2. Where the loss or damage is not apparent, the provisions of
paragraph 1 of this Article apply correspondingly if notice in writing is
not given within six consecutive days after the day when the goods were
handed over to the consignee.
3. If the state of the goods at the time they were handed over to the
consignee has been the subject of a joint survey or inspection by the
parties or their authorized representatives at the place of delivery,
notice in writing need not be given of loss or damage ascertained during
such survey or inspection.
4. In the case of any actual or apprehended loss or damage the
multimodal transport operator and the consignee shall give all reasonable
facilities to each other for inspecting and tallying the goods.
5. No compensation shall be payable for loss resulting from delay in
delivery unless notice has been given in writing to the multimodal
transport operator within 60 consecutive days after the day when the goods
were delivered by handing over to the consignee or when the consignee has
been notified that the goods have been delivered in accordance with
paragraph 2 (b) (ii) or (iii) of Article 14.
6. Unless notice of loss or damage, specifying the general nature of
the loss or damage, is given in writing by the multimodal transport
operator to the consignor not later than 90 consecutive days after the
occurrence of such loss or damage or after the delivery of the goods in
accordance with paragraph 2 (b) of Article 14, whichever is later, the
failure to give such notice is prima facie evidence that the multimodal
transport operator has sustained no loss or damage due to the fault or
neglect of the consignor, his servants or agents.
7. If any of the notice periods provided for in paragraphs 2, 5 and 6
of this Article terminates on a day which is not a working day at the
place of delivery, such period shall be extended until the next working
day.
8. For the purpose of this Article, notice given to a person acting on
the multimodal transport operator's behalf, including any person of whose
services he makes use at the place of delivery, or to a person acting on
the consignor's behalf, shall be deemed to have been given to the
multimodal transport operator, or to the consignor, respectively.
Article 25 Limitation of Actions
1. Any action relating to international multimodal transport under
this Convention shall be time-barred if judicial or arbitral proceedings
have not been instituted within a period of two years. However, if
notification in writing, stating the nature and main particulars of the
claim, has not been given within six months after the day when the goods
were delivered or, where the goods have not been delivered, after the day
on which they should have been delivered, the action shall be time-barred
at the expiry of this period.
2. The limitation period commences on the day after the day on which
the multimodal transport operator has delivered the goods or part thereof
or, where the goods have not been delivered, on the day after the last day
on which the goods should have been delivered.
3. The person against whom a claim is made may at any time during the
running of the limitation period extend that period by a declaration in
writing to the claimant. This period may be further extended by another
declaration or declarations.
4. Provided that the provisions of another applicable international
convention are not to the contrary, a recourse action for indemnity by a
person held liable under this Convention may be instituted even after the
expiration of the limitation period provided for in the preceding
paragraphs if instituted within the time allowed by the law of the State
where proceedings are instituted; however, the time allowed shall not be
less than 90 days commencing from the day when the person instituting such
action for indemnity has settled the claim or has been served with process
in the action against himself.
Article 26 Jurisdiction
1. In judicial proceedings relating to international multimodal
transport under this Convention, the plaintiff, at his option, may
institute an action in a court which, according to the law of the State
where the court is situated, is competent and within the jurisdiction of
which is situated one of the following places:
(a) The principal place of business or, in the absence thereof, the
habitual residence of the defendant; or
(b) The place where the multimodal transport contract was made,
provided that the defendant has there a place of business, branch or
agency through which the contract was made; or
(c) The place of taking the goods in charge for international
multimodal transport or the place of delivery; or
(d) Any other place designated for that purpose in the multimodal
transport contract and evidenced in the multimodal transport document.
2. No judicial proceedings relating to international multimodal
transport under this Convention may be instituted in a place not specified
in paragraph 1 of this Article. The provisions of this Article do not
constitute an obstacle to the jurisdiction of the Contracting States for
provisional or protective measures.
3. Notwithstanding the preceding provisions of this Article, an
agreement made by the parties after a claim has arisen, which designates
the place where the plaintiff may institute an action, shall be effective.
4. (a) Where an action has been instituted in accordance with the
provisions of this Article or where judgement in such an action has been
delivered, no new action shall be instituted between the same parties on
the same grounds unless the judgement in the first action is not
enforceable in the country in which the new proceedings are instituted;
(b) For the purposes of this Article neither the institution of
measures to obtain enforcement of a judgement nor the removal of an action
to a different court within the same country shall be considered as the
starting of a new action.
Article 27 Arbitration
1. Subject to the provisions of this Article, parties may provide by
agreement evidenced in writing that any dispute that may arise relating to
international multimodal transport under this Convention shall be referred
to arbitration.
2. The arbitration proceedings shall, at the option of the claimant,
be instituted at one of the following places:
(a) A place in a State within whose territory is situated:
(i) The principal place of business of the defendant or, in
the absence thereof, the habitual residence of the defendant; or
(ii) The place where the multimodal transport contract was
made, provided that the defendant has there a place of business, branch or
agency through which the contract was made; or
(iii) The place of taking the goods in charge for
international multimodal transport or the place of delivery; or
(b) Any other place designated for that purpose in the arbitration
clause or agreement.
3. The arbitrator or arbitration tribunal shall apply the provisions
of this Convention.
4. The provisions of paragraphs 2 and 3 of this Article shall be
deemed to be part of every arbitration clause or agreement and any term of
such clause or agreement which is inconsistent therewith shall be null and
void.
5. Nothing in this Article shall affect the validity of an agreement
on arbitration made by the parties after the claim relating to the
international multimodal transport has arisen.
PART VI. SUPPLEMENTARY PROVISIONS
Article 28 Contractual Stipulations
1. Any stipulation in a multimodal transport contract or multimodal
transport document shall be null and void to the extent that it derogates,
directly or indirectly, from the provisions of this Convention. The
nullity of such a stipulation shall not affect the validity of other
provisions of the contract or document of which it forms a part. A clause
assigning benefit of insurance of the goods in favour of the multimodal
transport operator or any similar clause shall be null and void.
2. Notwithstanding the provisions of paragraph 1 of this Article, the
multimodal transport operator may, with the agreement of the consignor,
increase his responsibilities and obligations under this Convention.
3. The multimodal transport document shall contain a statement that
the international multimodal transport is subject to the provisions of
this Convention which nullify any stipulations derogating therefrom to the
detriment of the consignor or the consignee.
4. Where the claimant in respect of the goods has incurred loss as a
result of a stipulation which is null and void by virtue of the present
Article, or as a result of the omission of the statement referred to in
paragraph 3 of this Article, the multimodal transport operator must pay
compensation to the extent required in order to give the claimant
compensation in accordance with the provisions of this Convention for any
loss of or damage to the goods as well as for delay in delivery. The
multimodal transport operator must, in addition, pay compensation for
costs incurred by the claimant for the purpose of exercising his right,
provided that costs incurred in the action where the foregoing provision
is invoked are to be determined in accordance with the law of the State
where proceedings are instituted.
Article 29 General Average
1. Nothing in this Convention shall prevent the application of
provisions in the multimodal transport contract or national law regarding
the adjustment of general average, if and to the extent applicable.
2. With the exception of Article 25, the provisions of this Convention
relating to the liability of the multimodal transport operator for loss of
or damage to the goods shall also determine whether the consignee may
refuse contribution in general average and the liability of the multimodal
transport operator to indemnify the consignee in respect of any such
contribution made or any salvage paid.
Article 30 Other Conventions
1. This Convention does not modify the rights or duties provided for
in the Brussels International Convention for the Unification of certain
Rules relating to the Limitation of the Liability of Owners of Sea-going
Vessels of August 25, 1924; in the Brussels International Convention
relating to the Limitation of the Liability of Owners of Sea-going Ships
of October 10, 1957; in the London Convention on Limitation of Liability
for Maritime Claims of November 19, 1976; and in the Geneva Convention
relating to the Limitation of the Liability of Owners of Inland Navigation
Vessels (CLN) of March 1, 1973, including amendments to these Conventions,
or national law relating to the limitation of liability of owners of
sea-going ships and inland navigation vessels.
2. The provisions of Articles 26 and 27 of this Convention do not
prevent the application of the mandatory provisions of any other
international convention relating to matters dealt with in the said
Articles, provided that the dispute arises exclusively between parties
having their principal place of business in States parties to such other
convention. However, this paragraph does not affect the application of
paragraph 3 of Article 27 of this Convention.
3. No liability shall arise under the provisions of this Convention
for damage caused by a nuclear incident if the operator of a nuclear
installation is liable for such damage:
(a) Under either the Paris Convention of July 29, 1960 on Third Party
Liability in the Field of Nuclear Energy as amended by the Additional
Protocol of January 28, 1964 or the Vienna Convention of May 21, 1963 on
Civil Liability for Nuclear Damage, or amendments thereto; or
(b) By virtue of national law governing the liability for such damage,
provided that such law is in all respects as favourable to persons who may
suffer damage as either the Paris or Vienna Convention.
4. Carriage of goods such as carriage of goods in accordance with the
Geneva Convention of May 19, 1956 on the Contract for the International
Carriage of Goods by Road in Article 2, or the Berne Convention of
February 7, 1970 concerning the Carriage of Goods by Rail, Article 2,
shall not for States Parties to Conventions governing such carriage be
considered as international multimodal transport within the meaning of
Article 1, paragraph 1, of this Convention, in so far as such States are
bound to apply the provisions of such Conventions to such carriage of
goods.
Article 31 Unit of Account or Monetary Unit and Conversion
1. The unit of account referred to in Article 18 of this Convention is
the Special Drawing Right as defined by the International Monetary Fund.
The amounts referred to in Article 18 shall be converted into the national
currency of a State according to the value of such currency on the date of
the judgement or award or the date agreed upon by the parties. The value
of a national currency, in terms of the Special Drawing Right, of a
Contracting State which is a member of the International Monetary Fund,
shall be calculated in accordance with the method of valuation applied by
the International Monetary Fund, in effect on the date in question, for
its operations and transactions. The value of a national currency in terms
of the Special Drawing Right of a Contracting State which is not a member
of the International Monetary Fund shall be calculated in a manner
determined by that State.
2. Nevertheless, a State which is not a member of the International
Monetary Fund and whose law does not permit the application of the
provisions of paragraph 1 of this Article may, at the time of signature,
ratification, acceptance, approval or accession, or at any time
thereafter, declare that the limits of liability provided for in this
Convention to be applied in its territory shall be fixed as follows: with
regard to the limits provided for in paragraph 1 of Article 18, to 13, 750
monetary units per package or other shipping unit or 41.25 monetary units
per kilogram of gross weight of the goods, and with regard to the limit
provided for in paragraph 3 of Article 18, to 124 monetary units.
3. The monetary unit referred to in paragraph 2 of this Article
corresponds to sixty-five and a half milligrams of gold of millesimal
fineness nine hundred. The convention of the amount referred to in
paragraph 2 of this Article into national currency shall be made according
to the law of the State concerned.
4. The calculation mentioned in the last sentence of paragraph 1 of
this Article and the conversion referred to in paragraph 3 of this Article
shall be made in such a manner as to express in the national currency of
the Contracting State as far as possible the same real value for the
amounts in Article 18 as is expressed there in units of account.
5. Contracting States shall communicate to the depositary the manner
of calculation pursuant to the last sentence of paragraph 1 of this
Article, or the result of the conversion pursuant to paragraph 3 of this
Article, as the case may be, at the time of signature or when depositing
their instruments of ratification, acceptance, approval or accession, or
when availing themselves of the option provided for in paragraph 2 of this
Article and whenever there is a change in the manner of such calculation
or in the result of such conversion.
PART VII. CUSTOMS MATTERS
Article 32 Customs Transit
1. Contracting States shall authorize the use of the procedure of
customs transit for international multimodal transport.
2. Subject to provisions of national law or regulations and
intergovernmental agreements. the customs transit of goods in
international multimodal transport shall be in accordance with the rules
and principles contained in Articles I to VI of the annex to this
Convention.
3. When introducing laws or regulations in respect of customs transit
procedures relating to multimodal transport of goods, Contracting States
should take into consideration Articles I to VI of the annex to this
Convention.
PART VIII. FINAL CLAUSES
Article 33 Depositary
The Secretary-General of the United Nations is hereby designated as
the depositary of this Convention.
Article 34 Signature, Ratification, Acceptance, Approval and Accession
1. All States are entitled to become Parties to this Convention by:
(a) Signature not subject to ratification, acceptance or approval;
or
(b) Signature subject to and followed by ratification, acceptance
or approval; or
(c) Accession.
2. This Convention shall be open for signature as from September 1,
1980 until and including August 31, 1981 at the Headquarters of the United
Nations in New York.
3. After August 31, 1981, this Convention shall be open for accession
by all State which are not signatory States.
4. Instruments of ratification, acceptance, approval and accession are
to be deposited with the depositary.
5. Organizations for regional economic integration, constituted by
sovereign States members of UNCTAD, and which have competence to
negotiate, conclude and apply international agreements in specific fields
covered by this Convention, shall be similarly entitled to become Parties
to this Convention in accordance with the provisions of paragraph 1 to 4
of this Article, thereby assuming in relation to other Parties to this
Convention the rights and duties under this Convention in the specific
fields referred to above.
Article 35 Reservations
No reservation may be made to this Convention.
Article 36 Entry into Force
1. This Convention shall enter into force 12 months after the
Governments of 30 States have either signed it not subject to
ratification, acceptance or approval or have deposited instruments of
ratification, acceptance, approval or accession with the depositary.
2. For each State which ratifies, accepts, approves or accedes to this
Convention after the requirements for entry into force given in paragraph
1 of this Article have been met, the Convention shall enter into force 12
months after the deposit by such State of the appropriate instrument.
Article 37 Date of Application
Each Contracting State shall apply the provisions of this Convention
to multimodal transport contracts concluded on or after the date of entry
into force of this Convention in respect of that State.
Article 38 Rights and Obligations under Existing Conventions
If, according to Articles 26 or 27, judicial or arbitral proceedings
are brought in a Contracting State in a case relating to international
multimodal transport subject to this Convention which takes place between
two States of which only one is a Contracting State, and if both these
States are at the time of entry into force of this Convention equally
bound by another international convention, the court or arbitral tribunal
may, in accordance with the obligations under such convention, give effect
to the provisions thereof.
Article 39 Revision and Amendments
1. At the request of not less than one-third of the Contracting
States, the Secretary-General of the United Nations shall, after the entry
into force of this Convention, convene a conference of the Contracting
States for revising or amending it. The Secretary-General of the United
Nations shall circulate to all Contracting States the texts of any
proposals for amendments at least three months before the opening date of
the conference.
2. Any decision by the revision conference, including amendments,
shall be taken by a two-thirds majority of the States, present and voting.
Amendments adopted by the conference shall be communicated by the
depositary to all the contracting States for acceptance and to all the
State signatories of the Convention for information.
3. Subject to paragraph 4 below, any amendment adopted by the
conference shall enter into force only for those Contracting States which
have accepted it, on the first day of the month following one year after
its acceptance by two-thirds of the Contracting States. For any State
accepting an amendment after it has been accepted by two-thirds of the
Contracting States, the amendment shall enter into force on the first day
of the month following one year after its acceptance by that State.
4. Any amendment adopted by the conference altering the amounts
specified in Article 18 and paragraph 2 of Article 31 or substituting
either or both the units defined in paragraphs 1 and 3 of Article 31 by
other units shall enter into force on the first day of the month following
one year after its acceptance by two-thirds of the Contracting States.
Contracting States which have accepted the altered amounts or the
substituted units shall apply them in their relationship with all
Contracting States.
5. Acceptance of amendments shall be effected by the deposit of a
formal instrument to that effect with the depositary.
6. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of any amendment adopted by the
conference shall be deemed to apply to the Convention as amended.
Article 40 Denunciation
1. Each Contracting State may denounce this Convention at any time
after the expiration of a period of two years from the date on which this
Convention has entered into force by means of a notification in writing
addressed to the depositary.
2. Such denunciation shall take effect on the first day of the month
following the expiration of one year after the notification is received by
the depositary. Where a longer period is specified in the notification,
the denunciation shall take effect upon the expiration of such longer
period after the notification is received by the depositary.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto,
have affixed their signatures hereunder on the dates indicated.
DONE at Geneva, this twenty-fourth day of May, one thousand nine
hundred and eighty, in one original in the Arabic, Chinese, English,
French, Russian, and Spanish languages, all texts being equally
authentic.
ANNEX PROVISIONS ON CUSTOMS MATTERS RELATING TO INTERNATIONAL MUL-TIMODAL TRANSPORT OF GOODS
Article I
For the Purposes of this Convention:
"Customs transit procedure" means the customs procedure under which
goods are transported under customs control from one customs office to
another.
"Customs office of destination" means any customs office at which a
customs transit operation is terminated.
"Import/export duties and taxes" means customs duties and all other
duties, taxes, fees or other charges which are collected on or in
connection with the import/export of goods, but not including fees and
charges which are limited in amount to the approximate cost of services
rendered.
"Customs transit document" means a form containing the record of data
entries and information required for the customs transit operation.
Article II
1. Subject to the provisions of the law, regulations and international
conventions in force in their territories, Contracting States shall grant
freedom of transit to goods in international multimodal transport.
2. Provided that the conditions laid down in the customs transit
procedure used for the transit operation are fulfilled to the satisfaction
of the customs authorities, goods in international multimodal transport:
(a) Shall not, as a general rule, be subject to customs examination
during the journey except to the extent deemed necessary to ensure
compliance with rules and regulations which the customs are responsible
for enforcing. Flowing from this, the customs authorities shall normally
restrict themselves to the control of customs seals and other security
measures at points of entry and exit;
(b) Without prejudice to the application of law and regulations
concerning public or national security, public morality or public health,
shall not be subject to any customs formalities or requirements additional
to those of the customs transit regime used for the transit operation.
Article III
In order to facilitate the transit of goods, each Contracting State
shall:
(a) If it is the country of shipment, as far as practicable, take all
measures to ensure the completeness and accuracy of the information
required for the subsequent transit operations;
(b) If it is the country of destination:
(i) Take all necessary measures to ensure that goods in customs
transit shall be cleared, as a rule, at the customs office of destination
of the goods;
(ii) Endeavour to carry out the clearance of goods at a place as
near as is possible to the place of final destination of the goods,
provided that national law and regulations do not require otherwise.
Article IV
1. Provided that the conditions laid down in the customs transit
procedure are fulfilled to the satisfaction of the customs authorities,
the goods in international multimodal transport shall not be subject to
the payment of import/export duties and taxes or deposit in lieu thereof
in transit countries.
2. The provisions of the preceding paragraph shall not preclude:
(a) The levy of fees and charges by virtue of national regulations
on grounds of public security or public health;
(b) The levy of fees and charges, which are limited in amount to
the approximate cost of services rendered, provided they are imposed under
conditions of equality.
Article V
1. Where a financial guarantee for the customs transit operation is
required, it shall be furnished to the satisfaction of the customs
authorities of the transit country concerned in conformity with its
national law and regulations and international conventions.
2. With a view to facilitating customs transit, the system of customs
guarantee shall be simple, efficient, moderately priced and shall cover
import/export duties and taxes chargeable and, in countries where they are
covered by guarantees, any penalties due.
Article VI
1. Without prejudice to any other documents which may be required by
virtue of an international convention or national law and regulations,
customs authorities of transit countries shall accept the multimodal
transport document as a descriptive part of the customs transit procedure.
2. With a view to facilitating customs transit, customs transit
documents shall be aligned, as far as possible, with the layout
reproduced below. *
[* The layout of Customs transit document Omitted-note by editor of
this volume.]
nsport operator is liable in accordance
with the provisions of Article 16.
PART V. CLAIMS AND ACTIONS
Article 24 Notice of Loss, Damage or Delay
1. Unless notice of loss or damage, specifying the general nature of
such loss or damage, is given in writing by the consignee to the
multimodal transport operator not later than the working day after the day
when the goods were handed over to the consignee, such handing over is
prima facie evidence of the delivery by the multimodal transport operator
of the goods as described in the multimodal transport document.
2. Where the loss or damage is not apparent, the provisions of
paragraph 1 of this Article apply correspondingly if notice in writing is
not given within six consecutive days after the day when the goods were
handed over to the consignee.
3. If the state of the goods at the time they were handed over to the
consignee has been the subject of a joint survey or inspection by the
parties or their authorized representatives at the place of delivery,
notice in writing need not be given of loss or damage ascertained during
such survey or inspection.
4. In the case of any actual or apprehended loss or damage the
multimodal transport operator and the consignee shall give all reasonable
facilities to each other for inspecting and tallying the goods.
5. No compensation shall be payable for loss resulting from delay in
delivery unless notice has been given in writing to the multimodal
transport operator within 60 consecutive days after the day when the goods
were delivered by handing over to the consignee or when the consignee has
been notified that the goods have been delivered in accordance with
paragraph 2 (b) (ii) or (iii) of Article 14.
6. Unless notice of loss or damage, specifying the general nature of
the loss or damage, is given in writing by the multimodal transport
operator to the consignor not later than 90 consecutive days after the
occurrence of such loss or damage or after the delivery of the goods in
accordance with paragraph 2 (b) of Article 14, whichever is later, the
failure to give such notice is prima facie evidence that the multimodal
transport operator has sustained no loss or damage due to the fault or
neglect of the consignor, his servants or agents.
7. If any of the notice periods provided for in paragraphs 2, 5 and 6
of this Article terminates on a day which is not a working day at the
place of delivery, such period shall be extended until the next working
day.
8. For the purpose of this Article, notice given to a person acting on
the multimodal transport operator's behalf, including any person of whose
services he makes use at the place of delivery, or to a person acting on
the consignor's behalf, shall be deemed to have been given to the
multimodal transport operator, or to the consignor, respectively.
Article 25 Limitation of Actions
1. Any action relating to international multimodal transport under
this Convention shall be time-barred if judicial or arbitral proceedings
have not been instituted within a period of two years. However, if
notification in writing, stating the nature and main particulars of the
claim, has not been given within six months after the day when the goods
were delivered or, where the goods have not been delivered, after the day
on which they should have been delivered, the action shall be time-barred
at the expiry of this period.
2. The limitation period commences on the day after the day on which
the multimodal transport operator has delivered the goods or part thereof
or, where the goods have not been delivered, on the day after the last day
on which the goods should have been delivered.
3. The person against whom a claim is made may at any time during the
running of the limitation period extend that period by a declaration in
writing to the claimant. This period may be further extended by another
declaration or declarations.
4. Provided that the provisions of another applicable international
convention are not to the contrary, a recourse action for indemnity by a
person held liable under this Convention may be instituted even after the
expiration of the limitation period provided for in the preceding
paragraphs if instituted within the time allowed by the law of the State
where proceedings are instituted; however, the time allowed shall not be
less than 90 days commencing from the day when the person instituting such
action for indemnity has settled the claim or has been served with process
in the action against himself.
Article 26 Jurisdiction
1. In judicial proceedings relating to international multimodal
transport under this Convention, the plaintiff, at his option, may
institute an action in a court which, according to the law of the State
where the court is situated, is competent and within the jurisdiction of
which is situated one of the following places:
(a) The principal place of business or, in the absence thereof, the
habitual residence of the defendant; or
(b) The place where the multimodal transport contract was made,
provided that the defendant has there a place of business, branch or
agency through which the contract was made; or
(c) The place of taking the goods in charge for international
multimodal transport or the place of delivery; or
(d) Any other place designated for that purpose in the multimodal
transport contract and evidenced in the multimodal transport document.
2. No judicial proceedings relating to international multimodal
transport under this Convention may be instituted in a place not specified
in paragraph 1 of this Article. The provisions of this Article do not
constitute an obstacle to the jurisdiction of the Contracting States for
provisional or protective measures.
3. Notwithstanding the preceding provisions of this Article, an
agreement made by the parties after a claim has arisen, which designates
the place where the plaintiff may institute an action, shall be effective.
4. (a) Where an action has been instituted in accordance with the
provisions of this Article or where judgement in such an action has been
delivered, no new action shall be instituted between the same parties on
the same grounds unless the judgement in the first action is not
enforceable in the country in which the new proceedings are instituted;
(b) For the purposes of this Article neither the institution of
measures to obtain enforcement of a judgement nor the removal of an action
to a different court within the same country shall be considered as the
starting of a new action.
Article 27 Arbitration
1. Subject to the provisions of this Article, parties may provide by
agreement evidenced in writing that any dispute that may arise relating to
international multimodal transport under this Convention shall be referred
to arbitration.
2. The arbitration proceedings shall, at the option of the claimant,
be instituted at one of the following places:
(a) A place in a State within whose territory is situated:
(i) The principal place of business of the defendant or, in
the absence thereof, the habitual residence of the defendant; or
(ii) The place where the multimodal transport contract was
made, provided that the defendant has there a place of business, branch or
agency through which the contract was made; or
(iii) The place of taking the goods in charge for
international multimodal transport or the place of delivery; or
(b) Any other place designated for that purpose in the arbitration
clause or agreement.
3. The arbitrator or arbitration tribunal shall apply the provisions
of this Convention.
4. The provisions of paragraphs 2 and 3 of this Article shall be
deemed to be part of every arbitration clause or agreement and any term of
such clause or agreement which is inconsistent therewith shall be null and
void.
5. Nothing in this Article shall affect the validity of an agreement
on arbitration made by the parties after the claim relating to the
international multimodal transport has arisen.
PART VI. SUPPLEMENTARY PROVISIONS
Article 28 Contractual Stipulations
1. Any stipulation in a multimodal transport contract or multimodal
transport document shall be null and void to the extent that it derogates,
directly or indirectly, from the provisions of this Convention. The
nullity of such a stipulation shall not affect the validity of other
provisions of the contract or document of which it forms a part. A clause
assigning benefit of insurance of the goods in favour of the multimodal
transport operator or any similar clause shall be null and void.
2. Notwithstanding the provisions of paragraph 1 of this Article, the
multimodal transport operator may, with the agreement of the consignor,
increase his responsibilities and obligations under this Convention.
3. The multimodal transport document shall contain a statement that
the international multimodal transport is subject to the provisions of
this Convention which nullify any stipulations derogating therefrom to the
detriment of the consignor or the consignee.
4. Where the claimant in respect of the goods has incurred loss as a
result of a stipulation which is null and void by virtue of the present
Article, or as a result of the omission of the statement referred to in
paragraph 3 of this Article, the multimodal transport operator must pay
compensation to the extent required in order to give the claimant
compensation in accordance with the provisions of this Convention for any
loss of or damage to the goods as well as for delay in delivery. The
multimodal transport operator must, in addition, pay compensation for
costs incurred by the claimant for the purpose of exercising his right,
provided that costs incurred in the action where the foregoing provision
is invoked are to be determined in accordance with the law of the State
where proceedings are instituted.
Article 29 General Average
1. Nothing in this Convention shall prevent the application of
provisions in the multimodal transport contract or national law regarding
the adjustment of general average, if and to the extent applicable.
2. With the exception of Article 25, the provisions of this Convention
relating to the liability of the multimodal transport operator for loss of
or damage to the goods shall also determine whether the consignee may
refuse contribution in general average and the liability of the multimodal
transport operator to indemnify the consignee in respect of any such
contribution made or any salvage paid.
Article 30 Other Conventions
1. This Convention does not modify the rights or duties provided for
in the Brussels International Convention for the Unification of certain
Rules relating to the Limitation of the Liability of Owners of Sea-going
Vessels of August 25, 1924; in the Brussels International Convention
relating to the Limitation of the Liability of Owners of Sea-going Ships
of October 10, 1957; in the London Convention on Limitation of Liability
for Maritime Claims of November 19, 1976; and in the Geneva Convention
relating to the Limitation of the Liability of Owners of Inland Navigation
Vessels (CLN) of March 1, 1973, including amendments to these Conventions,
or national law relating to the limitation of liability of owners of
sea-going ships and inland navigation vessels.
2. The provisions of Articles 26 and 27 of this Convention do not
prevent the application of the mandatory provisions of any other
international convention relating to matters dealt with in the said
Articles, provided that the dispute arises exclusively between parties
having their principal place of business in States parties to such other
convention. However, this paragraph does not affect the application of
paragraph 3 of Article 27 of this Convention.
3. No liability shall arise under the provisions of this Convention
for damage caused by a nuclear incident if the operator of a nuclear
installation is liable for such damage:
(a) Under either the Paris Convention of July 29, 1960 on Third Party
Liability in the Field of Nuclear Energy as amended by the Additional
Protocol of January 28, 1964 or the Vienna Convention of May 21, 1963 on
Civil Liability for Nuclear Damage, or amendments thereto; or
(b) By virtue of national law governing the liability for such damage,
provided that such law is in all respects as favourable to persons who may
suffer damage as either the Paris or Vienna Convention.
4. Carriage of goods such as carriage of goods in accordance with the
Geneva Convention of May 19, 1956 on the Contract for the International
Carriage of Goods by Road in Article 2, or the Berne Convention of
February 7, 1970 concerning the Carriage of Goods by Rail, Article 2,
shall not for States Parties to Conventions governing such carriage be
considered as international multimodal transport within the meaning of
Article 1, paragraph 1, of this Convention, in so far as such States are
bound to apply the provisions of such Conventions to such carriage of
goods.
Article 31 Unit of Account or Monetary Unit and Conversion
1. The unit of account referred to in Article 18 of this Convention is
the Special Drawing Right as defined by the International Monetary Fund.
The amounts referred to in Article 18 shall be converted into the national
currency of a State according to the value of such currency on the date of
the judgement or award or the date agreed upon by the parties. The value
of a national currency, in terms of the Special Drawing Right, of a
Contracting State which is a member of the International Monetary Fund,
shall be calculated in accordance with the method of valuation applied by
the International Monetary Fund, in effect on the date in question, for
its operations and transactions. The value of a national currency in terms
of the Special Drawing Right of a Contracting State which is not a member
of the International Monetary Fund shall be calculated in a manner
determined by that State.
2. Nevertheless, a State which is not a member of the International
Monetary Fund and whose law does not permit the application of the
provisions of paragraph 1 of this Article may, at the time of signature,
ratification, acceptance, approval or accession, or at any time
thereafter, declare that the limits of liability provided for in this
Convention to be applied in its territory shall be fixed as follows: with
regard to the limits provided for in paragraph 1 of Article 18, to 13, 750
monetary units per package or other shipping unit or 41.25 monetary units
per kilogram of gross weight of the goods, and with regard to the limit
provided for in paragraph 3 of Article 18, to 124 monetary units.
3. The monetary unit referred to in paragraph 2 of this Article
corresponds to sixty-five and a half milligrams of gold of millesimal
fineness nine hundred. The convention of the amount referred to in
paragraph 2 of this Article into national currency shall be made according
to the law of the State concerned.
4. The calculation mentioned in the last sentence of paragraph 1 of
this Article and the conversion referred to in paragraph 3 of this Article
shall be made in such a manner as to express in the national currency of
the Contracting State as far as possible the same real value for the
amounts in Article 18 as is expressed there in units of account.
5. Contracting States shall communicate to the depositary the manner
of calculation pursuant to the last sentence of paragraph 1 of this
Article, or the result of the conversion pursuant to paragraph 3 of this
Article, as the case may be, at the time of signature or when depositing
their instruments of ratification, acceptance, approval or accession, or
when availing themselves of the option provided for in paragraph 2 of this
Article and whenever there is a change in the manner of such calculation
or in the result of such conversion.
PART VII. CUSTOMS MATTERS
Article 32 Customs Transit
1. Contracting States shall authorize the use of the procedure of
customs transit for international multimodal transport.
2. Subject to provisions of national law or regulations and
intergovernmental agreements. the customs transit of goods in
international multimodal transport shall be in accordance with the rules
and principles contained in Articles I to VI of the annex to this
Convention.
3. When introducing laws or regulations in respect of customs transit
procedures relating to multimodal transport of goods, Contracting States
should take into consideration Articles I to VI of the annex to this
Convention.
PART VIII. FINAL CLAUSES
Article 33 Depositary
The Secretary-General of the United Nations is hereby designated as
the depositary of this Convention.
Article 34 Signature, Ratification, Acceptance, Approval and Accession
1. All States are entitled to become Parties to this Convention by:
(a) Signature not subject to ratification, acceptance or approval;
or
(b) Signature subject to and followed by ratification, acceptance
or approval; or
(c) Accession.
2. This Convention shall be open for signature as from September 1,
1980 until and including August 31, 1981 at the Headquarters of the United
Nations in New York.
3. After August 31, 1981, this Convention shall be open for accession
by all State which are not signatory States.
4. Instruments of ratification, acceptance, approval and accession are
to be deposited with the depositary.
5. Organizations for regional economic integration, constituted by
sovereign States members of UNCTAD, and which have competence to
negotiate, conclude and apply international agreements in specific fields
covered by this Convention, shall be similarly entitled to become Parties
to this Convention in accordance with the provisions of paragraph 1 to 4
of this Article, thereby assuming in relation to other Parties to this
Convention the rights and duties under this Convention in the specific
fields referred to above.
Article 35 Reservations
No reservation may be made to this Convention.
Article 36 Entry into Force
1. This Convention shall enter into force 12 months after the
Governments of 30 States have either signed it not subject to
ratification, acceptance or approval or have deposited instruments of
ratification, acceptance, approval or accession with the depositary.
2. For each State which ratifies, accepts, approves or accedes to this
Convention after the requirements for entry into force given in paragraph
1 of this Article have been met, the Convention shall enter into force 12
months after the deposit by such State of the appropriate instrument.
Article 37 Date of Application
Each Contracting State shall apply the provisions of this Convention
to multimodal transport contracts concluded on or after the date of entry
into force of this Convention in respect of that State.
Article 38 Rights and Obligations under Existing Conventions
If, according to Articles 26 or 27, judicial or arbitral proceedings
are brought in a Contracting State in a case relating to international
multimodal transport subject to this Convention which takes place between
two States of which only one is a Contracting State, and if both these
States are at the time of entry into force of this Convention equally
bound by another international convention, the court or arbitral tribunal
may, in accordance with the obligations under such convention, give effect
to the provisions thereof.
Article 39 Revision and Amendments
1. At the request of not less than one-third of the Contracting
States, the Secretary-General of the United Nations shall, after the entry
into force of this Convention, convene a conference of the Contracting
States for revising or amending it. The Secretary-General of the United
Nations shall circulate to all Contracting States the texts of any
proposals for amendments at least three months before the opening date of
the conference.
2. Any decision by the revision conference, including amendments,
shall be taken by a two-thirds majority of the States, present and voting.
Amendments adopted by the conference shall be communicated by the
depositary to all the contracting States for acceptance and to all the
State signatories of the Convention for information.
3. Subject to paragraph 4 below, any amendment adopted by the
conference shall enter into force only for those Contracting States which
have accepted it, on the first day of the month following one year after
its acceptance by two-thirds of the Contracting States. For any State
accepting an amendment after it has been accepted by two-thirds of the
Contracting States, the amendment shall enter into force on the first day
of the month following one year after its acceptance by that State.
4. Any amendment adopted by the conference altering the amounts
specified in Article 18 and paragraph 2 of Article 31 or substituting
either or both the units defined in paragraphs 1 and 3 of Article 31 by
other units shall enter into force on the first day of the month following
one year after its acceptance by two-thirds of the Contracting States.
Contracting States which have accepted the altered amounts or the
substituted units shall apply them in their relationship with all
Contracting States.
5. Acceptance of amendments shall be effected by the deposit of a
formal instrument to that effect with the depositary.
6. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of any amendment adopted by the
conference shall be deemed to apply to the Convention as amended.
Article 40 Denunciation
1. Each Contracting State may denounce this Convention at any time
after the expiration of a period of two years from the date on which this
Convention has entered into force by means of a notification in writing
addressed to the depositary.
2. Such denunciation shall take effect on the first day of the month
following the expiration of one year after the notification is received by
the depositary. Where a longer period is specified in the notification,
the denunciation shall take effect upon the expiration of such longer
period after the notification is received by the depositary.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto,
have affixed their signatures hereunder on the dates indicated.
DONE at Geneva, this twenty-fourth day of May, one thousand nine
hundred and eighty, in one original in the Arabic, Chinese, English,
French, Russian, and Spanish languages, all texts being equally
authentic.
ANNEX PROVISIONS ON CUSTOMS MATTERS RELATING TO INTERNATIONAL MUL-TIMODAL TRANSPORT OF GOODS
Article I
For the Purposes of this Convention:
"Customs transit procedure" means the customs procedure under which
goods are transported under customs control from one customs office to
another.
"Customs office of destination" means any customs office at which a
customs transit operation is terminated.
"Import/export duties and taxes" means customs duties and all other
duties, taxes, fees or other charges which are collected on or in
connection with the import/export of goods, but not including fees and
charges which are limited in amount to the approximate cost of services
rendered.
"Customs transit document" means a form containing the record of data
entries and information required for the customs transit operation.
Article II
1. Subject to the provisions of the law, regulations and international
conventions in force in their territories, Contracting States shall grant
freedom of transit to goods in international multimodal transport.
2. Provided that the conditions laid down in the customs transit
procedure used for the transit operation are fulfilled to the satisfaction
of the customs authorities, goods in international multimodal transport:
(a) Shall not, as a general rule, be subject to customs examination
during the journey except to the extent deemed necessary to ensure
compliance with rules and regulations which the customs are responsible
for enforcing. Flowing from this, the customs authorities shall normally
restrict themselves to the control of customs seals and other security
measures at points of entry and exit;
(b) Without prejudice to the application of law and regulations
concerning public or national security, public morality or public health,
shall not be subject to any customs formalities or requirements additional
to those of the customs transit regime used for the transit operation.
Article III
In order to facilitate the transit of goods, each Contracting State
shall:
(a) If it is the country of shipment, as far as practicable, take all
measures to ensure the completeness and accuracy of the information
required for the subsequent transit operations;
(b) If it is the country of destination:
(i) Take all necessary measures to ensure that goods in customs
transit shall be cleared, as a rule, at the customs office of destination
of the goods;
(ii) Endeavour to carry out the clearance of goods at a place as
near as is possible to the place of final destination of the goods,
provided that national law and regulations do not require otherwise.
Article IV
1. Provided that the conditions laid down in the customs transit
procedure are fulfilled to the satisfaction of the customs authorities,
the goods in international multimodal transport shall not be subject to
the payment of import/export duties and taxes or deposit in lieu thereof
in transit countries.
2. The provisions of the preceding paragraph shall not preclude:
(a) The levy of fees and charges by virtue of national regulations
on grounds of public security or public health;
(b) The levy of fees and charges, which are limited in amount to
the approximate cost of services rendered, provided they are imposed under
conditions of equality.
Article V
1. Where a financial guarantee for the customs transit operation is
required, it shall be furnished to the satisfaction of the customs
authorities of the transit country concerned in conformity with its
national law and regulations and international conventions.
2. With a view to facilitating customs transit, the system of customs
guarantee shall be simple, efficient, moderately priced and shall cover
import/export duties and taxes chargeable and, in countries where they are
covered by guarantees, any penalties due.
Article VI
1. Without prejudice to any other documents which may be required by
virtue of an international convention or national law and regulations,
customs authorities of transit countries shall accept the multimodal
transport document as a descriptive part of the customs transit procedure.
2. With a view to facilitating customs transit, customs transit
documents shall be aligned, as far as possible, with the layout
reproduced below. *
[* The layout of Customs transit document Omitted-note by editor of
this volume.]
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