HAVING REGARD to Articles 5 a) and 5 b) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;
HAVING REGARD to the Decision of the Council of 20 February 1968 concerning Administrative Facilities in Favour of International Tourism [C(68)32, C(65)40(Final];
HAVING REGARD to the Recommendation of the Council of 20 February 1968 concerning Administrative Formalities relating to International Tourism [C(68)34, C(65)84];
HAVING REGARD to the Recommendation of the Council of 20 July 1965 on Government Action to Promote Tourism [C(65)85] and its amendment [C(68)35];
HAVING REGARD to the Declaration on Trade Policy as adopted by Governments of OECD Member countries on 4 June 1980;
HAVING REGARD to the Resolution of the Council of 10 and 11 May 1982 concerning the Activities and Programme of the Organisation, the thirty-second paragraph of which sets out the mandate for work on trade-in-services;
HAVING REGARD to the Code of Liberalisation of Current Invisible Operations and the Code of Liberalisation of Capital Movements;
HAVING REGARD to the Declaration of Governments of OECD Member countries of 21 June 1976 on International Investment and Multinational Enterprises, to the Revised Decision of the Council of 13 June 1979 on National Treatment, and to the Conclusions and Decisions by the OECD Council, meeting at Ministerial level, on the Review of the above-mentioned Declaration on 17 May 1984;
CONSIDERING that international tourism is a major contributor to the development of international understanding and improvement of the quality of life;
CONSIDERING that the freedom to leave one's own country and to return to it is recognised as a right and not a privilege;
CONSIDERING the prominent place held by tourism among the major service industries in the OECD area, which at present accounts for three quarters of international tourism in the world, and its vital importance for employment, balance-of-payments and the general economy of many Member countries;
CONSIDERING that tourism should be encouraged as an important generator of employment;
CONSIDERING that the introduction of obstacles to foreign travel and measures which distort competition in the tourist industries of Member countries is contrary to the principles of free circulation and non-discrimination which are fundamental to OECD Member countries, and could lead to the introduction of similar measures by other countries;
CONSIDERING that, as concerns the Member countries that are also Members of the European Economic Community, the matters dealt with in this Act fall in part within the competence of that Community; that, in accordance with Supplementary Protocol No. 1 to the Convention on the Organisation for Economic Co-operation and Development, the Commission of the European Communities took part in the work leading up to this Act; that the application of the relevant parts of the Act to the Member States of the Community is linked to implementation by the Community of the institutional procedures required by its internal rules;
HAVING REGARD to the Report of the Tourism Committee on Obstacles to International Tourism in the OECD area;
On the proposal of the Tourism Committee;
1. The Governments of Member countries shall apply the provisions related to international tourism contained in Annex I attached, which forms an integral part of this Decision-Recommendation.
2. This Decision-Recommendation shall replace Decision C(68)32, C(65)40(Final) and Recommendation C(68)34, C(65)84.
II. RECOMMENDS that Member countries should:
a) Avoid the introduction of measures which impede or discourage the movements of travellers (as defined in Note 1) into and out of their countries;
b) Seek to remove reservations or derogations placed under the Code of Liberalisation of Current Invisible operations which relate to tourism. (See Appendix for the relevant terms as adopted by the Council on 25 September 1985);
c) Avoid measures which distort competition in the tourist industries of Member countries;
d) Adopt policies, in accordance with obligations accepted under OECD Decisions, to ensure that foreign-controlled enterprises can engage in tourism-related activities and be treated no less favourably than domestic enterprises in like situations on matters explicitly covered by these obligations;
e) Seek to reduce their administrative requirements, formalities and documentation applied to travellers, and to treat them in the most expeditious, consistent and convenient manner, with particular reference to the specific elements set out in Annex II attached, which forms an integral part of this Decision-Recommendation;
f) Facilitate the engagement of trainees, tour conductors and personnel from other Member countries, employed for fixed terms in the various branches of the tourist industry. Such facilitation is not intended to exempt these categories from the need to comply with a Member country's normal immigration procedures and policies;
g) Recognise their responsibility to consult, as soon as possible, with other Member countries that may be affected, concerning new legislation, or regulations which may introduce impediments or distortions of competition in international tourism. These consultations, which could be undertaken within the OECD framework, should be without prejudice to other OECD Instruments.
III. INSTRUCTS the Tourism Committee, in co-operation, where relevant, with other appropriate bodies of the Organisation, to:
a) Undertake periodically reviews of measures taken by Member countries which constitute obstacles to international tourism, the first review to be initiated not more than two years after the adoption of this Decision-Recommendation;
b) Establish procedures whereby Member countries:
i) Shall report on their situation with regard to progress in implementing this Decision-Recommendation in writing to the Organisation at not more than two yearly intervals;
ii) Shall notify the Tourism Committee and other appropriate bodies of the Organisation of any measures taken which are not in accordance with the terms of this Decision-Recommendation and explain the rationale behind their actions; this notification should, if possible, be given before the introduction of such measures;
iii) Can request the Tourism Committee to examine measures introduced by other Member countries which appear to be contrary to the aims of this Decision-Recommendation.
c) Carry out a general review of the implementation of the Decision-Recommendation not more than three years after it has been adopted, reporting to the Council with recommendations, as appropriate.
Where measures appear to fall within the scope of other OECD Instruments, the Tourism Committee shall ensure that the appropriate body is informed and that the processes referred to in a), b) ii) and iii), and c) above are undertaken jointly, if the other body so wishes.
IV. REQUESTS the other bodies of the Organisation to take adequately into account the implications that their work may have upon the development of international tourism within the OECD area and consult the Tourism Committee as appropriate.
OBLIGATIONS ACCEPTED BY MEMBER COUNTRIES RELATING TO:
Customs Facilities for Travellers, the International Circulation of Private Road Motor Vehicles, Camping Cars, Caravans and Trailers and the Temporary Importation of Items Involved in Tourism-Related Industries
a) Temporary Importation of the Personal Effects of Non-Resident Travellers
All Member countries shall admit, under the temporary importation procedure, free of all import duties and taxes, the personal effects carried on their person or in their luggage, including clothing and toilet items, imported by non-resident travellers for the duration of their visits as may be reasonably necessary for their personal use and portable equipment for undertaking such business activities as their visit may involve. The following items shall, in particular, be considered to be personal effects:
· Personal Jewellery;
· Still And Motion Picture Cameras Together With A Reasonable Supply Of Films And Accessories;
· Portable Slide Or Film Projectors And Accessories Together With A Reasonable Quantity Of Slides Or Films;
· Portable Musical Instruments;
· Portable Gramophones With Records;
· Portable Sound Recorders And Reproducers (Including Dictating Machines) With Tapes;
· Portable Radio Receivers;
· Portable Television Sets;
· Portable Video Cameras And Recorders;
· Portable Typewriters;
· Portable Calculators And Computers;
· Wheel-Chairs For Invalids;
· Sports equipment such as tents and other camping equipment, fishing equipment, climbing equipment, sporting firearms with ammunition, non-motorised bicycles, canoes or kayaks less than 5.5 metres long, skis, tennis rackets, windsurfing equipment, hang gliders.
Temporary importation free of all import duties and taxes shall be granted without authorisation or written declaration and without deposition of a bond unless the customs authorities specifically so request.
b) Importation Free of Import Duties and Taxes of Items by Non-Resident and Returning Travellers
Member countries shall authorise travellers to import free of import duties and taxes in addition to their personal effects at least:
i) 250 g of tobacco or tobacco products or 200 cigarettes or 50 cigars, or any combination of these not exceeding 250 g, 1 litre of spirits, 2 litres of wine, 1/4 litre of toilet water, 50 g of perfume, 500 g of coffee and 100 g of tea;
ii) Medicines for personal consumption;
iii) Other goods up to a value of 150 units of account (as defined in Note 2). They may also export such items up to a total value of 150 units of account.
It is intended that these items shall be for personal use but it is recognised that it is not always possible to ensure that they are not for commercial purposes.
Member countries may reduce these limits for persons under a specified age or involved in frequent frontier crossings.
c) Customs Facilities for the Importation of Tourist Publicity and Promotional Materials
Member countries shall admit from other Member countries, free of import duties and taxes:
i) Tourist publicity material (as defined in Note 3);
ii) Tourist promotional material (as defined in Note 4).
In the case of the material referred to under ii), the relief may, if necessary, be replaced by the authorisation for temporary importation free of all import duties and taxes. Such temporary importation shall be authorised for a period of at least two years, which may be renewed, without requiring the deposition of a bond, unless the customs authorities specifically so request.
d) The International Circulation of Private Road Motor Vehicles, Camping Cars, Caravans and Trailers
Member countries shall:
i) Recognise as valid, international and/or national unexpired driving permits issued by duly empowered national or local government authorities of other Member countries;
ii) Recognise as valid, national or state registration certificates for private road motor vehicles, camping cars, caravans and trailers, issued in other Member countries;
iii) Recognise as valid, international third party risk certificates (green cards) issued by appropriately authorised insurance companies located in other Member countries;
iv) Admit under the temporary importation procedure private road motor vehicles, camping cars, caravans and trailers owned by travellers;
v) Admit private road motor vehicles, camping cars, caravans and trailers which have been hired by the tourist (as defined in Note 1) on the same conditions as would apply if they were owned by the tourist.
e) Temporary Importation of Items Involved in Tourism-Related Industries
Member countries shall admit under the temporary importation procedure, with relief from all import duties and taxes (or under any other customs procedure having similar effects) the following items when they are imported by enterprises established abroad for the requirements of their activities in the importing Member country:
i) Spare parts for aircraft and ground handling equipment for use with international air services unless applicable provisions of bilateral agreements or reciprocal treatment require duty-free importation;
ii) Spare parts, accessories and normal equipment for use with public passenger transport vehicles operating internationally, which are themselves placed under the temporary importation procedure, when these are imported either at the same time or subsequently;
iii) Audiovisual equipment for the production of tourist promotional films by non-resident personnel.
If necessary, these articles may be subject to the issue of an appropriate permit and/or the deposition of a bond to be redeemed upon re-exportation.
RESERVATIONS TO THE OBLIGATIONS ACCEPTED BY MEMBER COUNTRIES UNDER THE DISPOSITIONS OF ANNEX I
Reservations on Sections a) and b)
· Australia wishes to record an interim reservation on these Sections, pending the outcome of its current enquiry into passenger concessions. It will continue to honour the obligations accepted under Council Decision C(68)32, C(65)40(Final), pending the government's decision on this enquiry.
Reservations on Section b)
· Canada limits the application of this Section to non-resident travellers.
· Israel reserves the right not to apply this Section or parts thereof to returning travellers.
Reservations on Section b) i) (Limits for Importation Free of Duty and Taxes)
· Finland and Sweden: 1 litre of spirits, 1 litre of wine and 2 litres of beer or 2 litres of wine and 2 litres of beer.
· Norway: 1 litre of spirits and 1 litre of wine or 2 litres of wine, provided the travellers has spent at least twenty-four hours outside the country.
· Iceland: 1 litre of spirits and 1 litre of wine or 2 litres of wine or 1 litre of spirits or wine and 6 litres of foreign beer or 8 litres of Icelandic beer.
· Japan: Three normal-sized bottles (i.e. 2.28 litres) of alcoholic beverages regardless of type or alcoholic strength.
· United States: 1 litre of alcoholic beverages by adult non-residents for personal consumption. Individual States, however, may have laws which reduce this amount.
· Canada: 1.14 litres of wine or spirits, or 8.16 litres of beer by adult non-residents.
· Sweden reserves the right not to apply the provisions of this subsection to articles bought free of customs duty and taxes on board ships and aircraft on certain short routes between Sweden and other countries.
· In the European Economic Community, the Member States of which are Belgium, Denmark, France, Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom, the regulations do not expressly authorise the granting of an exemption for a combination of tobacco products. An amended version of the customs and tax regulations on the subject is under study. Furthermore, in accordance with EEC regulations, Denmark has been authorised to apply, on a provisional basis, lower limits than those prevailing elsewhere in the Community for cigarettes, tobacco and spirits, as far as importation free of taxes is concerned, when these products are imported by travellers resident in Denmark. These regulations, after the completion of the appropriate procedures, will also be applicable to Portugal and Spain.
· Mexico reserves its position concerning import duties and taxes relief for coffee and tea. Mexican regulations do not expressly authorise the granting of an exemption for tobacco products or any combination of these.
· Czech customs regulations allow travellers to import free of import duties and taxes, in addition to their personal effects, the items and amount specified in Subsection b) i) of Annex I, except for tea and coffee. Tea and coffee may be imported as "other goods" indicated in Subsection b) iii) of Annex I within the value limit of that category as set by the Czech Republic.
· Hungary: 5 litres of beer.
· Poland: The limits for importation free of duty and taxes are 1/2 litre for spirits and 200 g for coffee.
· Korea: The limits for importation free of duty are 1 bottle (volume less than 1 liter) of any alcoholic beverage regardless of the type or alcohol content.
· Customs regulations in the Slovak Republic (Finance Ministry Decree No. 17/1994 Coll., as amended) allow travellers to import free of import duties and taxes, in addition to their personal effects, the items and amount specified in Subsection b) i) of Annex I, except for tea and coffee. Tea and coffee may be imported as "other goods" indicated in Subsection b) iii) of Annex I within the value limit of that category as set by the Slovak Republic.
· Chile: 2.5 litres of alcoholic beverages.
· Estonia: 40 cigarettes or 100 cigarillos or 10 cigars or 50 g smoking tobacco or 50 g chewing tobacco. Travellers under the age of 18 are not allowed to import alcohol or tobacco products.
· Latvia: 40 cigarettes or 20 cigarillos or 10 cigars or 50 grams smoking tobacco for persons who are not air travellers. Import of tobacco products is allowed in any combination, if the part of per cent which is used from individually determined amounts, does not exceed 100 per cent in total. Import of alcohol and tobacco products is allowed for travellers who have reached the age of 18 years. The quantitative limits are not set for import of perfume, coffee and tea, these products are considered as “other goods” and monetary limits are applied to them.
· Lithuania: 4 litres of beer for persons involved in frequent frontier crossings and 16 litres of beer for all other persons; 40 cigarettes or 20 cigarillos or 10 cigars or 50 grams smoking tobacco for persons travelling by other than air transport. Travellers under the age of 17 are not allowed to import alcohol or tobacco products. Perfume, coffee and tea are considered as “other goods” which are subject to general monetary limits (430 € – travelling by air or sea transport; 300 € – travelling by land).
Reservations on Section b) ii)
· Mexico reserves the right to require sanitary authorisation and submission of the medical prescription whenever the imported medicines are considered to be psychotropic substances, as well as when those medicines are not available in Mexico.
Reservations on Section b) iii)
· In the European Economic Community, the Member States of which are Belgium, Denmark, France, Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom, the regulations limit the value of "other goods" purchased outside these countries to 45 ECU (approximately 35 units of account). These allow the granting of relief from import duties and taxes - only in respect of goods the nature or quantity of which is not such as to suggest that they are intended for any commercial purpose. These regulations, after the completion of the appropriate procedures, will also be applicable to Portugal and Spain.
· The United States permits the importation of "other goods" up to a value of $100 (approximately 100 units of account).
· Austria permits the importation of "other goods" up to Sch 1 200 (approximately 60 units of account).
· Sweden permits the importation of "other goods" up to SKr 1 000 (approximately 120 units of account).
· Norway permits the importation of "other goods" up to NKr 1 200 (approximately 140 units of account).
· New Zealand permits the importation of "other goods" up to NZ$ 250 (approximately 135 units of account).
· Iceland permits the importation of "other goods" up to IKr 4 000 (approximately 110 units of account).
· Switzerland permits the importation of "other goods" up to SF 100 (approximately 40 units of account) for non-resident travellers, and up to SF 200 (approximately 80 units of account) for returning travellers.
· Mexico permits the importation of "other goods" only up to US$ 50.00 (approximately 50 units of account) when the passenger arrives by land, or by air where the airport of departure is located in a frontier zone.
· The Czech Republic allows the importation of "other goods" only up to Cz. Crown 3,000, i.e. equivalent to approximately 75 units of account. An increased level of 150 units of account that will meet the OECD requirement is presently being prepared to be approved as part of an amendment to the Tariff Code of the Czech Republic.
· Poland: The limits for importation of other goods is up to the value of 100 US$ (about 100 units of account).
· The Slovak Republic allows the importation of “other goods” only up to Slovak Crown 6,000, i.e equivalent of 100 units of account. The reservation will be removed at the latest in 2002.
· Estonia: Tea and coffee are considered as “other goods” and may be imported free of import duties and taxes up to the value of 4696 Estonian kroons (approximately 266 units of account) and, in case of air or sea travellers, up to the value of 6729 Estonian kroons (approximately 381 units of account).
· Latvia: Other goods may be imported free of import duties and taxes up to the value of 300 EUR (approx. 266 units of account) for travellers using land transport, and up the value of 430 EUR (approx. 381 units of account) for travellers using air or sea transport. The import of other goods is free of import duties and taxes up to the value 285 EUR (approx. 252 units of account) for children below 15 years of age regardless of travel type.
Reservations on Section c)
· Finland, Japan and Norway grant free temporary importation for 12 months which, in the case of Finland and Japan, is renewable under certain circumstances.
· The United States requires the deposition of a bond for temporary importation of some of the material covered in subsection ii).
· Australia admits such material under similar procedures provided that "reference therein to Australia or Australian persons is only incidental to the purpose thereto".
· Mexico reserves its right to admit the material referred to under subsections c) i) under the temporary importation procedure.
With respect to the last sentence of section c), Mexico reserves its right to grant free of import duties and taxes temporary importation for a period not exceeding 12 months.
· Korea: Temporary importation free of import duties and taxes for tourist publicity and promotional materials is granted for 1 year.
· With respect to the last sentence of section c), the Slovak Republic reserves its right to grant free of import duties and taxes temporary importation for a period not exceeding 12 months.
Reservations on Section d)
· Australia and Japan require an international driving permit and the registration certificate provided for under the Convention on Road Traffic (Geneva 1949) and do not accept the "green card" system.
· United States: The matters covered in subsections i), ii) and iii) are governed by individual State laws and are not under a uniform jurisdiction of the Federal Government.
· Canada: The matters covered in this Section are the primary responsibility of the Provinces and Territories.
· In the European Economic Community, the Member States of which are Belgium, Denmark, France, Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom, the regulations apply the provisions of subsections iv) and v) only to non-resident travellers. These regulations, after the completion of the appropriate procedures, will also be applicable to Portugal and Spain.
· France will continue to observe the obligations accepted under the 1948 Vienna Convention (as amended in 1966) with relation to:
o The conditions relating to age and physical competence for acquiring a driving license, and
o Proof of the legitimate possession of the vehicle.
· New Zealand:
i) Driving permits used by visitors from OECD Member countries in New Zealand must be issued by a country party to, and conform to a model in, either the 1949 or 1968 Convention on Road Traffic, unless a national permit from a country listed in the Transport (Drivers Licensing) regulations 1985 is used.
ii) New Zealand recognises as valid, under the Transport Act 1962, national registration certificates issued by states party to the 1949 and 1968 Convention on Road Traffic. Visitors would still have to pay the ACC (Accident Compensation Commission) levy portion of the registration fee.
iii) New Zealand no longer requires compulsory third party death and injury insurance, and as visitors are required to pay an ACC levy, the acceptance of international third party risk certificates has no relevance.
· Mexico reserves the right to apply the provisions of subsections d) iv) and v) only to non-resident travellers.
· Korea: An international driving license is required. Short-term (90 days) driving permits may be issued to those who possess a foreign national driving license. Only registration certificates issued by member countries of the Convention on Road Traffic are recognised. Korea does not recognise international third-party certificates (green card system). Thus anyone who wishes to drive an automobile in Korea must be insured under the Automobile Damage Compensation Guarantee Act. The temporary importation procedure is permitted only for automobiles (i.e., passenger cars).
· Chile does not accept the “green card” system.
· Slovenia: National driving permits issued by countries which are members of the European Union are recognised in Slovenia. Other national driving permits are recognised if they are in conformity with the 1949 Geneva Convention on Road Traffic and the 1968 Vienna Convention on Road Traffic. In all other cases, an international driving permit is required which must be issued by the competent foreign authorities. Slovenia recognises as valid, international third party risk certificates (green cards) issued by those Member countries which participate in the “green card” system.
· Estonia: International or national driving permits used by visitors from OECD Member countries in Estonia must be issued in conformity with the 1949 Geneva Convention on Road Traffic or the 1968 Vienna Convention on Road Traffic.
· Latvia: Foreign driver may drive a vehicle in Latvia, if in possession of:
o driving permit issued in EU Member state or in EFTA country;
o driving permit where categories thereof are indicated in accordance with 1968 Vienna Convention on Road Traffic;
o driving permit where categories thereof are not indicated in accordance with 1968 Vienna Convention on Road Traffic. A person having such a driving permit may drive a vehicle corresponding to the category B only, provided it is allowed in the country where this driving permit has been issued. When entries in the driving permit are not made in Latin letters, a person has to submit notarized translation into Latvian.
Reservations on Section e)
· Japan does not admit ground handling equipment for use with international air services, under the temporary importation procedure, with relief from all import duties and taxes.
· In the European Economic Community, the Member States of which are Belgium, Denmark, France, Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom, the regulations allow the application of the provisions of subsection i) with regard to ground handling equipment only within the context of bilateral agreements concluded with third countries which envisage reciprocal treatment. These regulations, after the completion of the appropriate procedures, will also be applicable to Portugal and Spain.
· Mexico reserves its position on the admission of ground handling equipment under the temporary importation procedure with relief from all import duties and taxes.
· Korea: Ground-handling equipment for use in international air services is not admitted under the temporary importation procedure.
· Israel: With regard to spare parts for tour buses, import taxes are charged if the spare parts arrive separately from the bus.
GUIDELINES CONCERNING CERTAIN ASPECTS OF FACILITATION
Member countries should not require from tourists staying less than three months in their country any other document of identity beyond a valid passport and should seek, by bilateral or multilateral agreement, to admit tourists upon the simple presentation of an official document of identity in lieu of a valid passport. The acquisition of a passport should be easy and as cheap as possible and their validity should be for at least five years. Such documents of identity should contain all essential information, including an indication that the holder has the right to enter the country whose government issued the document. The information should be in either French, German or English as well as in the official language(s) of the country of issue.
Where circumstances make it necessary for Member countries to require entrances visas for tourists, they should:
i) Be available without charge and with a minimum of complication and delay for application;
ii) Permit multiple entry and have at least three months' validity from the date of first entry;
iii) Include all essential information in either English, French or German as well as in the official language(s) of the country of issue.
If it is found necessary to make a charge for the visa, this should not in any case exceed the administrative costs of the operation.
b) Taxes, Charges, Fees and Related Requirements for Arriving or Departing Travellers
Member countries should ensure that taxes, fees or charges are not imposed upon arriving or departing travellers, other than those directly related to the recovery of the costs of providing specific facilities for the traveller, regardless of whether he or she is or is not a resident of the country, nor should they require the deposition of cash or surety before departure.
Where Member countries find it necessary to impose taxes, fees or charges for the provision of facilities or, if found unavoidable, for other purposes, these should not be required to be paid in domestic currency at the point of arrival or departure, but should, for example, be incorporated into the price of the ticket or inclusive tour, or, at least, be payable in any convertible foreign currency at current commercial rates of exchange.
c) Supplementary Documentation
Where tourists making visits of less than three months, are in possession of a valid passport or other recognised identity document and visas as in a) above, and a valid return ticket, no further documentation should be required. Where supplementary information is required for statistical purposes this should be obtained by sampling.
d) Transit Passengers and Baggage
Member countries should ensure that passengers and baggage remaining on board or passing only through transit areas may proceed without customs formalities and as expeditiously as possible.
e) Customs Facilities for Arriving Travellers
Member countries should make use of the dual channel system, or any other method which is even less impeding, for the clearance of travellers and their baggage, when arriving by any mode of transport for which the system is appropriate.
f) Temporary Entry of Persons Engaged in Providing International Tourism Related Services
Member countries should, by quick and easy granting of working permits, where these are required, with a period of validity which is usual in the various Member countries, ensure that no obstacles exist to the entry or departure of nationals of other Member countries engaged in international tourism-related activities and not intending to establish themselves as such in any Member country other than their own, such as tour conductors, drivers of non-scheduled coach services, international airline personnel, or trainees. Such facilitation is not intended to exempt these categories from the need to comply with a Member country's normal immigration procedures and policies.
OBSERVATIONS THAT MEMBER COUNTRIES WISH TO MAKE CONCERNING THE GUIDELINES SET OUT IN ANNEX II
Observations on Section a) - see also under Section c)
· The United States requires valid passports with appropriate visas.
· Australia requires a valid travel document issued by a government recognised by the Australian Government and appropriate visas.
· Denmark and Japan do not envisage agreements to accept documents other than a valid passport, beyond those already in existence. Visas issued by Japan have at least three months' validity from the date of issue but not necessarily from the date of first entry.
· Australia, Finland and the United Kingdom reserve the right to issue single entry visas but grant multiple entry visas on a case-by-case basis upon request. The United Kingdom does not require visas from the nationals of OECD Member countries.
· France reserves the right to issue single-entry visas for less than three months' duration and cannot guarantee that the charge for issuing visas will not exceed the administrative cost, particularly when the reciprocity principle is applied. Visitors spending more than three months in the country for study purposes are not regarded as tourists. As far as tourists with documents other than a valid passport are concerned, France does not envisage extending the right of entry to its territory to foreigners other than those who benefit from existing agreements.
France reserves the right to require the necessary information and documentation to confirm that the admission of a traveller is not contrary to the applicable regulations and to require a guarantee for his return in addition to a return ticket.
· Denmark normally imposes a fee for issuing visas but amends those issued in Denmark free of charge. They may not always be multiple entry or for at least three months' validity.
· New Zealand limits multiple entry visas to business travellers and those who can demonstrate a need to travel frequently to New Zealand. It cannot be guaranteed that the charges for visas will not exceed administrative costs.
· The Federal Republic of Germany will continue to issue visas for tourist travel with a maximum validity of three months.
· Switzerland generally issues passports of a validity of one to five years maximum. Switzerland does not require visas for nationals from OECD countries, except in the case of Turkish nationals. When requiring visas, Switzerland also requires proof that financial resources are sufficient to cover the sojourn planned and may require proof of lodging. A multiple entry visa is only delivered when such a request is expressly made by the applicant. In the near future, it is envisaged to authorise unlimited entry visas within the period of validity of the visa. Visas are issued in French only, for economic (size of the stamp) and security reasons (counterfeiting); the consular agent explains the meaning of the information contained in the visa to the applicant, in the official language of his or her country.
· Mexico reserves the right to require valid passports and/or visas for nationals of countries with which Mexico does not have a bilateral agreement. It cannot be guaranteed that the issue charge for visas will not exceed the administrative costs.
Mexico also requires the submission of a written declaration that indicates the amount of cash, cheques or both, imported by the traveller when such amount exceeds the equivalent of US$ 10,000 (approximately 10,000 units of account).
· Hungary: Entry visas for tourists must be obtained unless otherwise specified in an international agreement concluded between Hungary and their country of origin. Visas are available with the least possible complication and delay but it cannot be guaranteed that the charge for issuing visas will not exceed administrative cost subject to reciprocity. Hungary in general issues single entry visas but grants multiple entry visas upon request.
· Poland: Entry and stay are possible only on the grounds of a valid passport, and wherever it is required, of a valid visa. Poland reserves the right to issue single entry visas. Visa fees may exceed administrative costs, on the basis of reciprocity.
· Korea: For nationals of most OECD Member countries, visas are not required for stays of up to three months except in the following cases: Italy, Portugal: Visa exemption for stays of up to 60 days; Australia, Japan, United States: Visas are required. Multiple-entry visa issuance agreements have been concluded with Australia, Japan, and the United States. Visa validity starts on the date of visa issuance. The period of validity is three months for a single-entry visa and one year for a multiple-entry visa.
· In accordance with the respective legislation (Law No. 73/1995 Coll., as amended, on the stay of foreigners on the territory of the Slovak Republic), the Slovak Republic reserves the right to require a guarantee (caution) for the return of a traveller, in addition to a return ticket. In compliance with the Ministry of Interior Decree No. 226/1996 Coll., the Slovak Republic also requires presentation of the amount of cash, cheques, or both, imported by the traveller, for a minimum amount of 15 USD or its equivalent per day.
· Chile reserves the right to issue single entry visas but grants multiple entry visas on a case-by-case basis upon request.
· Slovenia, as a Schengen member country, follows the EU common visa policy. Council Regulation (EC) No. 539/2001 of 15 March 2001, as amended, lists the countries whose nationals require a visa. Slovenia maintains the right to issue single entry visas but grants multiple entry visas on a case-by-case basis upon request. Visitors spending more than three months in Slovenia are not considered to be tourists. The charges and procedure for the issuance of visas are determined by Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).
· Estonia, as a Schengen member country, follows the EU common visa policy. Regulation (EC) No. 539/2001 lists the countries whose nationals require a visa. The charges for Schengen visas are fixed by the Schengen acquis including, inter alia, by Regulation (EC) No. 810/2009.
Observations on Section b)
· Departure taxes for fiscal purposes are imposed by Australia (A$ 40 on all persons over 12 years of age, with limited exceptions), Canada (C$ 15 on all international air transport passengers except to the United States where it is 9 per cent of the air fare), Greece (Dr 500 from 1 January 1986), Ireland (1£ 5, payable by the carrier, on all passenger tickets other than to Northern Ireland; provisions exist for relief for certain categories of passengers), New Zealand (NZ$ 40 for passengers over 12 years old and NZ$ 8 for children between 2 and 12 years of age) and the United States ($3). Departure taxes are imposed on adult nationals leaving by air on charter tours and similar arrangements on regular flights by Denmark (DKr 150), Norway (NKr 150 with certain exceptions) and Sweden (SKr 200 for passengers over the age of 12 years).
· Japan: The charges for the provision of facilities cannot be incorporated into the price of the ticket or inclusive tour and are not payable in foreign currency.
· United States: National legislation may require the imposition of a fee for Customs processing of air and sea travellers. If so, the fee will probably be incorporated into the price of the air or sea ticket.
· Hungary: Airport taxes are imposed but incorporated into the price of the ticket.
· Korea: A Passenger Service Charge of 9,000 won is imposed on every departing traveller.
· Chile: A reciprocity fee is charged to nationals from United States, Canada, Australia, Albania and Mexico (Supreme Decree Nº 605 of 2004).
Observations on Section c)
· Japan, New Zealand, France, the United States and Australia consider embarkation/disembarkation or arrival/departure cards as necessary for the control of entry and exit to or from their countries.
· Canada reserves the right to require such documentation as may be needed to establish that the travellers admission would not be contrary to the Immigration Act or other legislation.
· The United Kingdom will continue to require such information as is necessary to maintain an effective immigration control but will endeavour to keep such requirements to a minimum.
· Denmark and New Zealand may require the production of documentation to confirm that tourists have sufficient means for their stay and return.
· Switzerland reserves the right to require a valid return ticket in certain cases.
· Poland: In substantiated cases, a return ticket or a proof of financial means sufficient to cover the cost of the planned stay and lodging may be required.
· In accordance with the respective legislation (Law No. 73/1995 Coll., as amended, on the stay of foreigners on the territory of the Slovak Republic), the Slovak Republic reserves the right to require a valid return ticket in certain cases.
· Chile considers embarkation/disembarkation or arrival/departure cards as necessary for the control of entry and exit to or from its national territory.
· Slovenia maintains the right to require such documents as may be necessary to establish that the traveller’s admission is in conformity with the applicable legislation and may require a guarantee for return in addition to a valid return ticket.
Observations on Section d)
· The United States and France maintain the right of their appropriate services to examine all passengers and baggage even in transit.
· Switzerland applies the provisions of this Section to air traffic only.
· Mexico reserves the right of its appropriate services to examine transit passengers and baggage.
· Slovenia maintains the right to examine all passengers and baggage including those in transit.
Observations on Section e)
· The United States does not use the dual channel system. However 20 major US airports currently employ either one-stop or a red/green self-selection system. The US federal inspection services do not utilise the dual channel inspection system nor is it contemplated for the future.
· Japan applies the dual channel system only to residents arriving at eight major airports (among the 12 airports with customs facilities).
· New Zealand has not adopted the dual channel system as such but still obtains comparable passenger processing times under the system it has in place. Given the high profile accorded to agricultural checks it is unlikely that New Zealand will implement the dual channel system.
· Switzerland uses the dual channel system in airports and in some border train stations.
· Mexico uses a red/green self-selection system.
· Chile does not use the dual channel system. The Servicio Agrícola y Ganadero, (SAG), is empowered to perform sanitary controls on all passengers’ luggage for reasons related to the protection of Chile’s plant and animal health and to impede the introduction of pests that do not exist in Chile.
Observations on Section f)
· Greece limits "guide/interpreter" to graduates of the schools of the National Tourist Organisation who, with certain very limited exceptions, must be Greek nationals.
· France applies the principle of reciprocity to access to the profession of "guide/interpreter".
· Tour guides must be residents of Israel and hold an Israeli tour guide licence.
1. Throughout the body of this Decision-Recommendation and its Annexes:
a) "Traveller" means "any person who temporarily enters the territory of a Member country in which he or she does not normally reside (non-resident traveller), or who returns to the territory of the Member country in which he or she normally resides after having been abroad temporarily (resident traveller)";
b) "Tourist" means "any person entering the territory of a Member country other than the Member country in which he or she normally resides and remaining there for at least twenty-four hours for legitimate non-immigrant purposes such as touring, recreation, sport, health, family reasons, study, pilgrimages, business, missions or conventions".
2. The "unit of account" shall be the sum in the national currency of a Member country which is equal to a unit of value of Special Drawing Rights as valued by the International Monetary Fund.
3. For the purposes of Section c) i) of Annex I, the term "tourist publicity material" shall include at least the following items:
a) Documents (folders, pamphlets, books, magazines, guides, posters, framed or unframed, unframed photographs and photographic enlargements, maps whether illustrated or not, printed window transparencies, illustrated calendars) for free distribution, the chief purpose of which is to encourage the public to visit foreign countries, including, inter alia, attending cultural, touristic, sporting, religious or professional meetings or demonstrations held in such foreign countries, provided these documents do not contain more than 25 per cent private commercial advertising and are obviously designed for general publicity purposes;
b) Lists and year-books of foreign hotels published or sponsored by official tourist organisations and time-tables of transport services operating abroad, when such documents are for free distribution and do not contain more than 25 per cent private commercial advertising;
c) Technical material sent to the representatives or correspondents appointed by official tourist organisations, not intended for distribution, e.g. year-books, telephone or telex directories, lists of hotels, catalogues of fairs, samples of negligible value of handicrafts, documentation about museums, universities, spas and other institutions.
4. For the purposes of Section c) ii) of Annex I, the term "tourism promotion material" shall include at least the following items when they are imported by official tourist organisations or by bodies recognised by them and approved by the competent authorities of the importing country:
a) Pictures and drawings, framed photographs and photographic enlargements, art books, paintings, engravings or lithographs, sculptures and tapestries and other similar works of art;
b) Display material (show-cases, stands and similar articles), including electrical and mechanical equipment required for operating such displays;
c) Documentary films, records, video and tape recordings and other audio-visual works intended for use in performances at which no charge is made, but excluding those whose subjects lend themselves to commercial advertising and those which are on general sale in the country of importation;
d) A reasonable number of flags;
e) Dioramas, scale models, lantern-slides, printing blocks, photographic negatives;
f) Specimens, in reasonable numbers, of articles of national handicrafts, local costumes and similar articles of folklore.
CODE OF LIBERALISATION OF CURRENT INVISIBLE OPERATIONS
SECTION DIRECTLY RELATED TO TOURISM
As adopted by the Council at its 630th Meeting on 25 September 1985 as C(85)58(Final)
"G. Travel and Tourism
Remark: This section covers all international travel as well as stays abroad for purpose other than immigration, such as pleasure, recreation, holiday, sport, business, visits to relatives or friends, missions, meetings, conferences or for reasons of health, education or religion.
No restriction shall be imposed by Member countries on expenditure by residents for purposes of international tourism or other international travel. For the settlement of such expenditure, no restrictions shall be placed on transfers abroad by or on behalf of travellers or on the use abroad of cash cards or credit cards, in accordance with the provisions of Annex III. Travellers shall, moreover, be automatically permitted to acquire, export and import domestic and foreign bank-notes and to use travellers' cheques abroad in accordance with the provisions of Annex III; additional amounts in travellers' cheques and/or foreign bank-notes shall be allowed on presentation of justification. Lastly, travellers shall be permitted to undertake foreign exchange transactions according to the provisions of Annex III."
"Annex III to Annex A
International Movement of Bank-Notes and Travellers' Cheques, Exchanges of Means of Payment by Travellers and Use of Cash Cards and Credit Cards Abroad
1. Import of Domestic Bank-notes
When entering a Member State, non-resident travellers shall be automatically permitted to import at least the equivalent of 1 250 units of account in that Member's bank-notes. Resident travellers returning to their country of residence shall be automatically permitted to import bank-notes of that State up to the total amount exported on their departure therefrom, or lawfully acquired during their stay abroad.
2. Export of Domestic Bank-notes
When leaving a Member State, resident and non-resident travellers shall be automatically permitted to export at least the equivalent of 150 units of account per person per journey in that Member's bank-notes. No justification shall be required concerning such export.
3. Import of Travellers' Cheques and Foreign Bank-notes
When entering a Member State, resident and non-resident travellers shall be automatically permitted to import foreign bank-notes and travellers' cheques regardless of the currency in which they are denominated. This provision does not imply an obligation for the authorities of Member States to provide for the purchase or exchange of travellers' cheques and foreign bank-notes so imported beyond that contained in paragraph 5 below.
4. Export of Travellers' Cheques and Foreign Bank-notes
When leaving a Member State, resident travellers shall be automatically permitted to acquire and to export in a proportion left to the traveller the equivalent of at least 1 250 units of account per person per journey in travellers' cheques, regardless of the currency in which they are denominated, and in foreign bank-notes. No request for justification shall be made concerning such acquisition and export. Under this provision, foreign exchange dealers shall be free, within the limits of their national regulations, to obtain foreign bank-notes and to sell them to travellers. The present provision does not imply any obligation for the authorities themselves to provide such travellers' cheques or foreign bank-notes either directly to the travellers or to foreign exchange dealers.
When leaving a Member State, non-resident travellers shall be automatically permitted to export travellers' cheques, regardless of the currency in which they are denominated, and foreign bank-notes up to the equivalent of the total previously imported or lawfully acquired during their stay.
5. Exchange of Means of Payment: Non-residents
Exchange into Member State's currencies
Non-resident travellers shall be permitted to exchange into means of payment in the currency of any foreign Member State:
i) Means of payment in the currency of another foreign Member State which can be shown to have been lawfully imported; and
ii) Domestic bank-notes which can be shown to have been acquired against such means of payment in the currency of another foreign Member State during their stay.
Under this provision foreign exchange dealers shall be free, within the limits of their national regulations, to exchange the means of payment in question. The provision does not imply any obligation for the authorities themselves to provide such means of payment either directly to the travellers or to foreign exchange dealers.
6. Use of Cash Cards and Credit Cards Abroad
The principle of the free use of cash cards and credit cards abroad provided for under G of the Code does not imply any obligation for the agencies issuing cash cards or credit cards to amend the rules governing the use of such cards for the settlement of expenditure relating to travel or stays abroad or for obtaining cash abroad."
The Tourism Committee reserves the possibility of putting forward proposals, for consideration by the Committee on Capital Movements and Invisible Transactions as appropriate, concerning other items of the Code of Liberalisation of Current Invisible Operations which may have indirect implications for international tourism which include:
· C/1 Maritime freights (including chartering, etc.);
· C/2 Inland waterway freights, including chartering;
· C/3 Road transport: passengers and freights, including chartering;
· C/4 Air transport: passengers and freights, including chartering;
· E Films (including Annex IV to Annex A, Notes on Tourist Publicity Films);
· F/1 Profits from business activity;
· F/2 Dividends and shares in profits;
· K/1 Advertising by all media.