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关于发展和营运陆港的指导原则

时间:2023-07-12 百科知识 版权反馈
【摘要】:一、总则协定附件一中所列陆港的发展和营运应当依循下述各项原则进行。缔约各方在建设、升级改造和营运陆港时,应当尽一切可能努力遵守这些原则。缔约各方应与相关的运输服务公司、国际组织和机构协作,确保各相关陆港得到承认。在这一过程中,应考虑到运输服务模式、陆港各类用户的需求、以及预计未来将需处理的集装箱和货物流量。

一、总则

协定附件一中所列陆港的发展和营运应当依循下述各项原则进行。缔约各方在建设、升级改造和营运陆港时,应当尽一切可能努力遵守这些原则。

二、功能

陆港的基本功能包括:对在国际贸易中移动的货物进行装卸、储存和进行法定检查、以及对之实行适用的海关监管和办理海关手续。陆港的附加功能包括、但不限于如下各项:

(一) 接收和发送货物;

(二)拼装和分送货物;

(三)货物仓储;

(四) 货物转运。

三、体制、行政和法规框架

缔约各方应着手建立有利于陆港发展和顺畅营运的相关体制、行政和法规框架,包括根据相关缔约方的国家法规对之进行法定检查以及实行适用的海关监管和办理海关手续。协定附件一中所列陆港可被指定为处理运输业务和海关单证的始发地或目的地。缔约各方应与相关的运输服务公司、国际组织和机构协作,确保各相关陆港得到承认。陆港的所有权可由公营者、私营者或公-私营伙伴关系拥有。

四、设计、布局和容量

在发展陆港时,应使之具备足够的容量和布局,从而使集装箱、货物和车辆得以在陆港内以及通过陆港安全顺畅流动,并酌情为其今后的扩容留出余地。在这一过程中,应考虑到运输服务模式、陆港各类用户的需求、以及预计未来将需处理的集装箱和货物流量。

五、基础设施、设备和设施

缔约各方可根据本国的法律法规及惯常做法斟酌决定,陆港应配备与现有的和预计会出现的货运量相匹配的基础设施、设备和人力。此项规定属建议性质,因此不应对以下诸方面的配置要求具有任何约束力:

(一) 一个配有出入专用大门的安全场区;

(二)分别为进口货物、出口货物和转运货物、以及分别为易腐货物、高值货物和包括有害物质在内的危险货物设置装有顶棚的和露天的不同存储场区;

(三)仓储设施,其中可包括海关保税仓储设施;

(四) 海关监督、监管、查验和存储设备和设施;

(五)适宜的货物和集装箱装卸设备;

(六) 供营运之用的内部服务车辆通道和人行道及货物堆放区;

(七) 为货运车辆提供有足够停泊面积的车场;

(八) 一个供海关、货运代理、发货商、报关代理、银行和其他相关机构使用的行政大楼;

(九) 信息和通信系统,包括电子数据交换系统、扫描仪器和车辆称重设备;

(十)视需要配备一个集装箱、车辆和设备维修车间。

附件二

INTERGOVERNMENTAL AGREEMENT ON DRY PORTS

UNITED NATIONS

2013

INTERGOVERNMENTAL AGREEMENT ON DRY PORTS

The Parties to this Agreement,

Recalling Economic and Social Commission for Asia and the Pacific resolution 66/4 of 19 May 2010 on the implementation of the Bangkok Declaration on Transport Development in Asia and the request contained therein to work towards.the development of an intergovernmental agreement on dry ports,

Conscious of the need to promote and develop an international integrated intermodal transport and logistics system in Asia and with neighbouring regions,

Mindful of the expected increase in international goods transport as a consequence of growing international trade in the ongoing process of globalization,

Determined to strengthen connectivity and seamless international movement of goods, facilitate increased efficiency and reduce the cost of transport and logistics as well as to extend its reach to inland areas and wider hinterlands,

Encouraged by the successful regional cooperation that led to the entry into force of the Intergovernmental Agreement on the Asian Highway Network[3] and the Intergovernmental Agreement on the Trans-Asian Railway Network,2

Considering that, in order to strengthen relations and promote international trade among members of the Economic and Social Commission for Asia and the Pacific, it is essential to develop dry ports of international importance to the requirement of international transport and to reduce the adverse impact of transport on the environment,

Recognizing the need to develop guiding principles for the development and operation of dry ports of international importance for harmonization and facilitation of intermodal transport in Asia and the Pacific,

Keeping in view the role of dry ports of international importance as an important component of an effective and efficient international integratedintermodal transport and logistics system, especially in addressing the specific needs of landlocked, transit and coastal States,

Have agreed as follows:

ARTICLE 1

DEFINITION

For the purposes of the Intergovernmental Agreement on Dry Ports (the“Agreement”), a dry port of international importance (“dry port”) shall refer to an inland location as a logistics centre connected to one or more modes of transport for the handling, storage and regulatory inspection of goods moving in international trade and the execution of applicable customs control and formalities.

ARTICLE 2

IDENTIFICATION OF DRY PORTS

The Parties hereby adopt the list of dry ports, contained in annex Ⅰ to the Agreement, as the basis for the coordinated development of important nodes in an international integrated intermodal transport and logistics system.The Parties intend to develop these dry ports within the framework of their national programmes and in accordance with national laws and regulations.

ARTICLE 3

DEVELOPMENT OF THE DRY PORTS

The dry ports listed in annex Ⅰ to the Agreement should be brought into conformity with the guiding principles for the development and operation of dry ports as described in annex Ⅱ to the Agreement.

ARTICLE 4

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. The Agreement shall be open for signature to States that are members of the United Nations Economic and Social Commission for Asia and the Pacific at Bangkok, Thailand, on 7 and 8 November 2013, and thereafter at United Nations Headquarters in New York from 11 November 2013 to 31 December 2014.

2. The Agreement shall be subject to ratification, acceptance or approval by signatory States.

3. The Agreement shall be open to accession by non-signatory States which are members of the United Nations Economic and Social Commission for Asia and the Pacific.

4. Instruments of ratification, acceptance, approval of or accession to the Agreement shall be deposited in good and due form with the Secretary-General of the United Nations.

ARTICLE 5

ENTRY INTO FORCE

1. The Agreement shall enter into force on the thirtieth day following the date on which the eighth instrument of ratification, acceptance,approval of or accession to the Agreement is deposited pursuant to Article 4,paragraph 4 of the Agreement.

2. For each State which deposits its instrument of ratification,acceptance, approval of or accession to the Agreement after the date on which the eighth instrument of ratification, acceptance, approval of or accession to the Agreement is deposited, the Agreement shall enter into force for that State thirty (30) days after the date of its deposit of the said instrument.

ARTICLE 6

WORKING GROUP ON DRY PORTS

1. A Working Group on Dry Ports (the “Working Group”) shall be established by the United Nations Economic and Social Commission for Asia and the Pacific to consider the implementation of the Agreement and to consider any amendments proposed.All States which are members of the United Nations Economic and Social Commission for Asia and the Pacific shall be members of the Working Group.

2. The Working Group shall meet biennially.Any Party may also, by a notification addressed to the secretariat, request that a special meeting of the Working Group be convened.The secretariat shall notify all members of the Working Group of the request and shall convene a special meeting of the Working Group if not less than one third of the Parties signify their assent to the request within a period of four (4) months from the date of the notification by the secretariat.

ARTICLE 7

PROCEDURES FOR AMENDING THE MAIN TEXT

1. The main text of the Agreement shall be amended by the procedure specified in this Article.

2. Amendments to the Agreement may be proposed by any Party.

3. The text of any proposed amendment shall be circulated to all members of the Working Group by the secretariat at least forty-five (45) days before the Working Group meeting at which it is proposed for adoption.

4. An amendment shall be adopted by a two-thirds majority of the Parties to the Agreement present and voting at the meeting of the Working Group.The amendment as adopted shall be communicated by the secretariat to the Secretary-General of the United Nations, who shall circulate it to all Parties for acceptance.

5. An amendment adopted in accordance with paragraph 4 of the present Article shall enter into force thirty (30) days after it has been accepted by two thirds of the number of States which are Parties to the Agreement at the time of adoption of the amendment.The amendment shall enter into force with respect to all Parties except those which have not accepted the amendment.Any Party which does not accept an amendment adopted in accordance with this paragraph may at any time thereafter deposit an instrument of acceptance of such amendment with the Secretary-General of the United Nations.The amendment shall enter into force for that State thirty (30) days after the date of deposit of the said instrument.

ARTICLE 8

PROCEDURES FOR AMENDING ANNEX Ⅰ

1. Annex Ⅰ to the Agreement shall be amended by the procedure specified in this Article.

2. Amendments shall be proposed by any Party in whose territory the subject of the proposed amendment is located.

3. The text of any proposed amendment shall be circulated to all members of the Working Group by the secretariat at least forty-five (45) days before the Working Group meeting at which it is proposed for adoption.

4. The proposed amendment shall be deemed adopted if the Party in whose territory the subject of the proposed amendment is located reconfirms the proposal after consideration of the proposal at the Working Group meeting.The amendment as adopted shall be communicated by the secretariat to the Secretary-General of the United Nations, who shall circulate it to all Parties.

5. The amendment adopted in accordance with paragraph 4 of the present article shall be deemed accepted and shall enter into force for all Parties after a period of forty-five (45) days following the date of the circular notification of the Secretary-General of the United Nations.

ARTICLE 9

PROCEDURES FOR AMENDING ANNEX Ⅱ

1. Annex Ⅱ to the Agreement shall be amended by the procedure specified in this Article.

2. Amendments may be proposed by any Party.

3. The text of any proposed amendment shall be circulated to all members of the Working Group by the secretariat at least forty-five (45) days before the Working Group meeting at which it is proposed for adoption.

4. An amendment shall be adopted by a two-thirds majority of the Parties to the Agreement present and voting at the meeting of the Working Group.The amendment as adopted shall be communicated by the secretariat to the Secretary-General of the United Nations, who shall circulate it to all Parties.

5. An amendment adopted in accordance with paragraph 4 of the present Article shall be deemed accepted if, during a period of ninety(90) days from the date of the notification, less than one third of the Parties notifies the Secretary-General of the United Nations of their objection to the amendment.

6. An amendment accepted in accordance with paragraph 5 of the present Article shall enter into force for all Parties thirty (30) days after the expiry of the period of ninety (90) days referred to in paragraph 5 of the present Article.

ARTICLE 10 RESERVATIONS

Reservations may not be made with respect to any of the provisions of the Agreement, except as provided in Article 13, paragraph 5 of the Agreement.

ARTICLE 11 WITHDRAWAL

Any Party may withdraw from the Agreement by written notification addressed to the Secretary-General of the United Nations.The withdrawal shall take effect twelve (12) months after the date of receipt by the Secretary-General of such notification.

ARTICLE 12

SUSPENSION OF VALIDITY

The operation of the Agreement shall be suspended if the number of Parties becomes less than eight (8) for any period of twelve (12) consecutive months.The provisions of the Agreement shall again become operative thirty(30) days after the number of Parties reaches eight (8).In such situations, the Secretary-General of the United Nations shall notify the Parties.

ARTICLE 13

SETTLEMENT OF DISPUTES

1. Any dispute between two or more Parties which relates to the interpretation or application of the Agreement and which the Parties in dispute are unable to settle by negotiation or consultation shall be referred to conciliation if any of the Parties in dispute so requests and shall, to that end, be submitted to one or more conciliators to be mutually agreed by the Parties in dispute.If the Parties in dispute fail to agree on the choice of conciliator or conciliators within ninety (90) days after the request for conciliation, any of those Parties may request the Secretary-General of the United Nations to appoint a single independent conciliator to whom the dispute shall be submitted.

2. The recommendation of the conciliator or conciliators appointed in accordance with paragraph 1 of this Article, while not binding in character,shall become the basis of renewed consideration by the Parties in dispute.

3. The Parties in dispute may agree in advance to accept the recommendation of the conciliator or conciliators as binding.

4. Paragraphs 1, 2 and 3 of the present Article shall not be construed as excluding other measures for the settlement of disputes mutually agreed between the Parties in dispute.

5. Any State may, at the time of depositing its instrument of ratification, acceptance, approval or accession, deposit a reservation stating that it does not consider itself bound by the provisions of the present Article relating to conciliation.Other Parties shall not be bound by the provisions of the present Article relating to conciliation with respect to any Party which has deposited such a reservation.

ARTICLE 14

LIMITS TO THE APPLICATION

1. Nothing in the Agreement shall be construed as preventing a Party from taking such action, compatible with the provisions of the Charter of the United Nations and limited to the exigencies of the situation, as it considers necessary for its external or internal security.

2. Each Party shall make every possible effort to develop the dry ports in accordance with national laws and regulations in a manner that is consistent with the Agreement.However, nothing in the Agreement shall be construed as acceptance of an obligation by any Party to permit the movement of goods across its territory.

ARTICLE 15

ANNEXES

Annexes Ⅰ and Ⅱ to the Agreement shall form an integral part of the Agreement.

ARTICLE 16

SECRETARIAT

The United Nations Economic and Social Commission for Asia and the Pacific shall be designated the secretariat of the Agreement.

ARTICLE 17

DEPOSITARY

The Secretary-General of the United Nations shall be designated the depositary of the Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed the present Agreement, in a single copy in the Chinese,English and Russian languages, the three texts being equally authentic.

ANNEX Ⅰ

DRY PORTS OF INTERNATIONAL IMPORTANCE

1. The dry ports are normally located in the vicinity of:(a) inland capitals,provincial/state capitals; and/or (b) existing and/or potential production and consumption centres with access to highways and/or railways including the Asian Highway and/or Trans-Asian Railway, as appropriate.

2. Dry ports have transport connections to other dry ports, border posts/land customs stations/integrated check posts, seaports, inland waterway

terminals and/or airports.

3. Dry ports are listed below.

4. The name of a dry port is followed by its location or the name of the nearest town/city.

5. Potential dry ports are indicated below in square brackets.

List of dry ports

Afghanistan

Haqueena,Mimana          Heiratan Dry Port, Mazar-e-Sharif

Islam Qala, Herat         Kabul Dry Port, Kabul

Shirkhan Bander Dry Port, Kondoz Speenboldake Chaman Dry Port,Kandahar

Torkham Dry Port, Jalalabad    Turghundi, Herat

Armenia

Akhuryan Logistic Center

Gyumri Airport

Karmir Blur/Apaven Cargo Terminal

Zvartnots International Logistic Center

Azerbaijan

Baku Cargo Terminal of Heydar Aliyev International Airport, Baku

Balakan Cargo Terminal, Azerbaijan-Georgia border

Bilasuvar Cargo Terminal, Azerbaijan-Islamic Republic of Iran border

Gabala International Airport, Gabala  Ganja International Airport, Ganja

Heydar Aliyev International Airport,

Baku

Julfa Cargo Terminal, Azerbaijan-Islamic Republic of Iran border

Lenkoran International Airport,

Lenkoran

Nakhichevan International Airport, Autonomous Republic of Nakhichevan

Silk Way Cargo Terminal, BakuZagatala International Airport,Zagatala

[Baku City Goods Depot, Khirdalan

Station]

[Cargo Terminal on frontier point at state border, Samur]

[Cargo Terminal on frontier point at state border, Sinig-Korpu]

[Container Terminal of Baku International Sea Trade Port, Baku]

[Ganja Station, Ganja]

[International Logistics Centre, Alyat]  [Keshla Station, Baku]

[New Baku International Sea Trade Port,

Alyat]

[South Terminal on frontier point at state border (Astara)]

[Sumgait Station, Sumgait]

Bangladesh

Akhaura,Brahmanbaria        Benapole, Jessore

Bibirbazar,Comilla         Burimari, Lalmonirhat

Hili,Dinajpur            Kamlapur ICD, Dhaka

Sonamasjid, Chapai Nawabganj    Teknaf, Cox's Bazar

[Bangladbandh, Panchagargh]   [Bhomra, Satkhira]

[Bilonia, Feni]          Dhirasram ICD, Gajipur]

[Gobrakura, Mymensingh]     [Koraitali, Mymcnsigh]

[Nakugao, Sherpur]        [Ramgarh, Khagrachari]

[Tamabil, Sylhet]

Bhutan

Phuentsholing Dry Port, Phuentsholing [Gelephu, Sarpang]

[Gomtu, Samtse]          [Nganglam, Samdrupjongkhar]

[Samdrupjongkhar, Samdrupjongkhar]  [Samtse, Samtse]

Cambodia

CWT Dry Port, Phnom Penh          Olair World Wide Dry Port, Phnom

Penh

Phnom Penh International Port, Phnom

Penh

Phnom Penh Special Economic Zone, Phnom Penh

So Nguon Dry Port, Bavet          Tech Srun Dry Port, Phnom Penh

Teng Lay Dry Port, Phnom Penh

China

Changchun Xinglong Bonded

International Logistics Port, Changchun  Erenhot South International Logistics Center, Erenhot

Harbin Highway Freight Hub

Station (Harbin Longyun LogisticsPark), Harbin  Hekou Port Transport Logistics Park,Hekou

Horgos International Logistics Park,Horgos  Hunchun International Logistics Park, Humchun

Jinghong Mengyang

International Logistics Trading

Center, Jinghong Kashi International Logistics Park, Kashi

Tengjun International Land Port,

Kunming Manzhouli New International Freight Yard, Manzhouli

Nanning Bonded Logistics Center,

Nanning Pingxiang Border Trade Logistics Center, Pingxiang (Youyi Guan)

Ruili Cargo Centre, Ruili      Suifenhe Cargo Centre, Suifenhe

Xinjiang Railway International

Logistics Park, UrumqiYiwu Inland Port Station, Yiwu

Zhangmu Port Warehouse Logistics

Trading Center, Zhangmu

Georgia

Poti Free Industrial Zone, Poti[Tbilisi International Logistics Centre, Tbilisi]

India

Ajni, Nagpur, Maharashtra      Amingaon, Guwahati, Assam

Aroor, Kerala             Ballabhgarh, Faridabad, Haryana

Bhadohi, Sant Ravidas Nagar, Varanasi,

Bhagat Ki Kothi, Jodhpur, Rajasthan Uttar Pradesh Chehreta,Amritsar, Punjab

Dadri, Noida, Uttar PradeshDaulatabad, Aurangabad,Maharashtra

Dhandarikalan, PunjabDhannad Rau, Indore,Madhya Pradesh

Dhandarikalan, PunjabDhannad Rau, Indore, Madhya Pradesh

Dronagiri Node, Navi Mumbai,

MaharashtraDurgapur, West Bengal

Garhi Harsaru, Gurgaon, Haryana  Irugur, Coimbatore, Tamil Nadu

Jamshedpur, Jharkhand       Janory, Nasik, Maharashtra

Kanakpura, Jaipur, Rajasthan   Kanpur, Uttar Pradesh

Khodiyar, Gujarat         Loni, Ghaziabad, Uttar Pradesh

Majerhat, Kolkata, West BengalMandideep, Bhopal, Madhya Pradesh

Moradabad, Uttar Pradesh      Patli, Gurgaon, Haryana

Pithampur, Dhar, Madhya Pradesh  Raipur, Chhattisgarh

Sachin, Surat, GujaratSanath Nagar, Hyderabad, Andhra Pradesh

Senewal, Ludhiana, Punjab     Tondiarpet, Chennai, Tamil Nadu

Tughlakabad, Delhi         Vadodara, Gujarat

Whitefield, Bangalore, Karnataka

Indonesia

Gedebage Dry Port, Bandung     Cikarang Dry Port, Bekasi

Iran (Islamic Republic of)

Imam Khomeini International Airport, Tehran Province

Motahari Rail Station, Mashhad, Khorasan Razavi Province

Salafchegan Special Economic Zone, Qom Province

Sirjan Special Economic Zone, Kerman Province

[Arvand Free Industrial Zone, Khozestan Province]

[Sahlan Special Economic Zone, Tabriz, East Azerbaijan Province]

[Sarakhs Special Economic Zone, Khorasan Razavi Province]

[Shahid Dastgheyb International Airport, Shiraz, Fars Province]

[Zahedan Logistics Centre, Sistan and Bakluchestan Province]

Kazakhstan

Aktobe Centre, Aktobe      Damu Industrial and Logistics Centre,Almaty

[High Tech Logistics, Almaty

Region]

[Korgas International Border Cooperation Centre, Almaty Region]

[Tau Terminal, Almaty Region]

Kyrgyzstan

Alamedin, Bishkek         Osh, Osh

Lao People's Democratic Republic

Thanaleng, Vientiane       [Houyxai, Bokeo]

[Laksao, Borikhamsai]      [Luangprabang, Luangprabang]

[Nateuy, Luangnamtha]      [Oudomsai, Muangxai]

[Pakse, Champasack]       [Seno, Savanakhet]

[Thakhek, Khammouane]

Malaysia

Inland Clearance Depot Kontena

Nasional, Prai Inland Container Depot, Padang Besar  Internal Clearance Depot Seri Setia, Kuala Lumpur

Ipoh Cargo Terminal, Ipoh    Nilai Inland Port, Nilai

Tebedu Inland Port, Sarawak    [Pulau Sebang Inland Depot,Pulau Sebang]

Mongolia

Altanbulag              Sainshand

Ulaanbaatar             Zamyn-Uud

[Choibalsan]

Myanmar

[Bago]              [Mandalay]

[Mawlamyine]           [Monywa]

[Muse]              [Pyay]

[Tamu]              [Yangon]

Nepal

Bhairahawa ICD, Bhairahawa     Biratnagar ICD, Biratnagar

Birgunj ICD, Birgunj          Kakarbhitta ICD, Kakarbhitta

[Tatopani ICD, Larcha]

Pakistan

Customs Dry Port, Hyderabad       Customs Dry Port, Peshawar

Faisalabad Dry Port Trust, Faisalabad Lahore Dry Port, Mughalpura

Margalla Dry Ports, Islamabad      Multan Dry Port Trust, Multan

National Logistics Center Container Freight Station, Lahore

National Logistics Center Dry Port,   Pakistan Railways Prem Nagar Dry

Quetta                   Port, Kasur

Railways Dry Port,Quetta         Sambrial Dry Port, Sialkot

Silk Route Dry Port, Sost, Gilgit,

Baltistan

Philippines

Clark, Angeles City, Pampanga,Luzon    Davao City, Eastern Mindanao

Koronadal City, South Cotabato

Laguindingan,Misamis Oriental, Northern Mindanao

Zamboanga City, Western Mindanao

Republic of Korea

Uiwang ICD, Uiwang

Russian Federation

Janino Logistic Park, Saint Petersburg Region

Multimodal Logistic Complex“Rostov universal port”, Rostov-on-Don

Region

Terminal Logistics Centre “Baltiysky”, Leningrad Region

Terminal Logistics Centre “Kleshchiha”, Novosibirsk

Terminal Logistics Centre “Doskino”, Nizhny Novgorod,

[Dmitrovsky Multimodal Centre, Moscow Region]

[Kaliningrad]       [Kazan]

[Multimodal Logistic Complex “Southern Primorsky Terminal”, Primorsky

Region]

[Svijazhsky Multimodal Logistic Centre, Tatarstan]

[Terminal Logistics Centre “Primorsky” Ussuriysk, Primorsky Region]

[Terminal Logistics Centre “Tamansky”, Krasnodar Region]

[Terminal Logistics Centre “Beliy Rast”, Moscow Region]

[Volgograd]           [Yekaterinburg]

Sri Lanka

[Peliyagoda, Colombo]     [Telangapata, Colombo]

Tajikistan

Dushanbe, Dushanbe         Karamyk, Jirgital

Khujand, Khujand          Kurgan-Tube, Kurgan-Tube

Nizhniy Panj, Qumsamgir        Tursunzade, Tursunzade

Vakhdat, Vakhdat

Thailand

Lat Krabang ICD, Bangkok     [Chiang Khong, Chiang Rai]

[Natha, Nong Khai]

Turkey

Gelemen, Samsun           Kazan, Ankara

[Bogazkopru, Kayseri]      [Bozuyuk, Bilecik]

[Gokkoy, Balikesir]       [Habur]

[Halkali, Istanbul]       [Hasanbey, Eskisehir]

[Kaklik, Denizli]        [Kars]

[Kayacik, Konya]         [Kosekoy, Izmit]

[Mardin]              [Palandoken, Erzurum]

[Sivas]               [Turkoglu, Kahramanmaras]

[Usak]               [Yenice, Mersin]

[Yesilbayir, Istanbul]

Viet Nam

ICD Lao Cai, Lao Cai Province      ICD Song Than, Binh Duong Province

ICD Tan Cang-Long Binh, Dong Nai

Province                ICD Tien Son, Bac Ninh Province

[Hanoi]               [ICD Gia Lai, Gia Lai Province]

[ICD Vinh Phuc, Vinh PhucProvince]   [Lang Son]

ANNEX Ⅱ

GUIDING PRINCIPLES FOR THE DEVELOPMENT AND OPERATION OF DRY PORTS

1. General

The development and operation of dry ports, as listed in annex Ⅰ of the Agreement, shall be guided by the principles described below.Parties shall make every possible effort to conform to these principles in constructing,upgrading and operating dry ports.

2. Functions

The basic functions of dry ports shall include the handling, storage and regulatory inspection of goods moving in international trade and the execution of applicable customs control and formalities.Additional functions of dry ports may include, but are not limited to:

(a) Receipt and dispatch;

(b) Consolidation and distribution;

(c) Warehousing;

(d) Trans-shipment.

3. Institutional, administrative and regulatory framework

Parties shall initiate institutional,administrative and regulatory frameworks that are favourable to the development and smooth operation of dry ports, including procedures for regulatory inspection and the execution of applicable customs control and formalities in line with the national laws and regulations of the Party concerned.Dry ports, as listed in annex Ⅰ of this Agreement, may be designated as points of origin or destination in transport and customs documentation.The Parties shall collaborate with relevant transport service providers, international organizations and institutions to ensure recognition of dry ports.The ownership of dry ports can be public,private or public-private partnerships.

4. Design, layout and capacity

Dry ports shall be developed with adequate capacity and layout to allow for the secure and smooth flow of containers,cargoes and vehicles within and through the dry port and to make provision for expansion of capacity, as appropriate, taking into account the modes of transport served, the requirements of the users of the dry port and expected future container and cargo volumes.

5. Infrastructure, equipment and facilities

Dry ports shall have infrastructure, equipment and manpower commensurate with existing and expected freight volumes at the discretion of the Parties in accordance with their national laws, regulations and practices.This provision is recommendatory in nature and shall not be binding with respect to the following:

(a) A secure area with a gate for dedicated entrance and exit;

(b) Covered and open storage areas separated for import, export and trans shipment, and for perishable goods, high-value cargoes and dangerous cargoes, including hazardous substances;

(c) Warehousing facilities, which may include customs bonded warehousing facilities;

(d) Customs supervision, control, inspection and storage facilities;

(e) Appropriate cargo and container-handling equipment;

(f) Internal service roads and pavement for use in the operation and stacking area;

(g) Vehicle holding areas with adequate parking space for freight vehicles;

(h) An administrative building for customs, freight forwarders,shippers, customs brokers, banks and other related agencies;

(i) Information and communications systems, which include electronic data interchange systems, scanners and vehicle-weighing equipment;

(j) A container, vehicle and equipment repair yard, if necessary.

I hereby certify that the foregoing text is a true copy of the Intergovernmental Agreement on Dry Ports, adopted by the United Nations Economic and Social Commission for Asia and the Pacific, at Bangkok, on 1 May 2013, the original of which is deposited with the Secretary-General of the United Nations.

For the Secretary-General,The Legal Counsel

(Under-Secretary-General for Legal Affairs)

Miguel de Serpa Soares

Unitcd Nations

New York,8 October 2013      Organisation des Nations Unies New York, le 8 octobre 2013

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