Amend ACTA: Small Consignments and Personal Luggage

Amendment

In Chapter Two, Section 2, Art. 2.X: [Small Consignments and Personal Luggage], DELETE the crossed out text and ADD the italicized text below:

1.  Parties shall include in the application of this section goods of a commercial nature sent in small consignments.

2.  Parties may exclude from the application of this Section small quantities of goods of a non-commercial nature contained in travelers' personal luggage or sent in small consignments.

Justification

In Article 60 of the TRIPS, members may exclude "small quantities of goods of a non-commercial nature" in a "traveler's personal luggage or sent in small consignments". In ACTA, this possible exclusion is limited to such goods "contained in a travelers' personal luggage." It is unclear what happened to the TRIPS exception for small non-commercial consignments, which appear to be neither in nor out of ACTA.

TRIPS, Article 60 De Minimis Imports
Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.

 

 

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