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Download XMLConvention Establishing a Customs Co-operation Council
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Argentina | Yes | No |
| Azerbaijan | Yes | No |
| Belarus | Yes | No |
| Brazil | Yes | No |
| Chile | Yes | No |
| Cuba | Yes | No |
| Cyprus | Yes | No |
| Georgia | Yes | No |
| Israel | Yes | No |
| Mauritius | Yes | No |
| Romania | Yes | No |
| Russian Federation | Yes | No |
| Serbia | Yes | No |
| Spain | Yes | No |
| United States of America | Yes | No |
Argentina
21-03-2017
The Embassy of the Argentine Republic presents its compliments to the Federal Public
Service Foreign Affairs, Foreign Trade and Development Cooperation and refers to the
deposit of an instrument of accession to the "Convention Establishing a customs co-operation
Council" by the territory of Kosovo.
The Argentine Republic upholds the validity of resolution 1244 (1999) of the Security
Council and the principle of territorial integrity. For that reason, it does not recognize
Kosovo as a State. Accordingly, since Kosovo is not an independent state, it cannot
adhere to the Convention because it does not meet the requirements set forth in Article
XVIII of such Convention. Argentina therefore objects to the accession process pursued
by Kosovo, considering that the provisions of the Convention Establishing a custom
co-operation Council will not apply to or bind Argentina in respect of Kosovo.
It should be noted that the role of Depositaries is regulated by the Vienna Convention
on the Law of Treaties. In particular, Article 76 para. 2 sets forth the obligation
for Depositaries to act impartially in the performance of their functions. In that
vein, it should be recalled that the matter has already been dealt with and settled
within the Council as a result of the debates held in 2011 and 2012. In fact, as can
be observed in the Minutes of the 119th and 120th Sessions of the Council, "this matter
should not appear on the Policy Commission or Council Agenda again until there was
tangible progress, or some other specific reason that warranted its being taken up
again." (Doc. SC0122E1a para 282).
In this context, the Argentine Republic draws the attention of the Ministry of Foreign
Affairs of the Kingdom of Belgium that the accession of Kosovo to the Convention not
only fails to comply with the requirements of Article XVIII of the abovementioned
Convention, but also would be a negative precedent with respect to the Convention
and to other multilateral treaties requiring compliance with the requirement of statehood
to become a Party thereto. Besides, it would have a negative impact for the ongoing
work of the Council itself if the decisions therein taken are not respected.
Based on the foregoing, the Argentine Republic requests the Ministry of Foreign Affairs
of the Kingdom of Belgium, in its capacity as Depository, to provide no further treatment
to Kosovo's instrument of accession to the Convention Establishing a customs co-operation
Council, and consider it as not received.
The Embassy of the Argentine Republic avails itself of this opportunity to renew to
the Ministry of Foreign Affairs and International Development the assurances of its
highest consideration.
Azerbaijan
05-06-2017
The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments
to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium and has the honour to notify the Belgian Government, in
its capacity as depositary of the Convention Establishing a Customs Co-operation Council,
on the following position of the Republic of Azerbaijan.
The Republic of Azerbaijan raises objection to the accession of Kosovo to the Convention
Establishing a Customs Co-operation Council of 15 December 1950 by virtue of the fact
that the Republic of Azerbaijan does not recognise the mentioned entity as an independent
state. Therefore, the Convention will not enter into force between the Republic of
Azerbaijan and the mentioned entity.
The Republic of Azerbaijan is also of the position that the depositary of the Convention
does not possess the authority to qualify any such entity as a state for the purposes
of the Convention, and notification of 25 January 2017 shall not be interpreted as
an act granting such competence to the depositary.
The Ministry avails itself of this opportunity to renew to the Federal Public Service
Foreign Affairs, Foreign Trade and Development Cooperation of Belgium the assurances
of its highest consideration.
Belarus
07-04-2017
The Embassy of the Republic of Belarus to the Kingdom of Belgium presents its compliments
to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium and, with reference to its notification J4/JU/Cir.1788-S.7094/JUR.05.11.02/2017
of January 25, 2017 concerning the action taken by Kosovo with regard to the Convention
Establishing a Customs Cooperation Council, and Annex, done at Brussels on 15 December
1950 (the Convention), and with reference to an updated annex to the Convention submitted,
has the honour to inform about the following.
The Belarusian Side takes note of the abovementioned notification.
The Belarusian Side notes the lack of consensus among the States Parties to the Convention
on this issue.
The Belarusian Side would like to recall that it does not recognize Kosovo as an independent
State and the continuing participation of the Republic of Belarus in the Convention
is without any prejudice to this position.
The Embassy of the Republic of Belarus avails itself of this opportunity to renew
to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium the assurances of its highest consideration.
Brazil
17-03-2017
The Brazilian Embassy in Brussels presents its compliments to the Federal Public Service
Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium
and has the honour of referring to the request of Kosovo to become a member of the
World Customs Organisation (WCO).
In accordance with the regulations of the WCO, according to which the objections to
new accessions must be submitted to the Belgian Government, as Depositary of the convention,
the Embassy would like to hereby express the disagreement of the Brazilian Government
concerning the intention of Kosovo to join the Organisation as an independent State,
as applied.
The Brazilian Embassy would like to thank the Federal Public Service Foreign Affairs,
Foreign Trade and Development Cooperation of the Kingdom of Belgium for the attention
given to the present correspondence, and avails itself of this opportunity to renew
the assurance of its highest consideration.
Chile
16-05-2017
The Embassy of the Republic of Chile presents its compliments to the Federal Public
Service Foreign Affairs, Foreign Trade and Development Cooperation, Directorate-general
Bilateral Affairs, Direction Latin America and the Caribbean, and has the honour of
referring to the Note N° 00018 of the Embassy of the Kingdom of Belgium to Chile dated
7 March 2017, in which it informs the Ministry of Foreign Affairs of Chile, Treaties
Department, that it has received the instrument of accession of the Republic of Kosovo
to the Convention establishing a Customs Co-operation Council and annex, signed in
Brussels on 15 December 1950.
In this regard, the Embassy of Chile wishes to inform the Federal Public Service Foreign
Affairs of Belgium that the Government of Chile declares that Kosovo does not have
the status of State under international law and expresses its refusal to recognize
it as such. Consequently there are no contractual relations between the Government
of Chile and Kosovo in the framework of this Convention.
The Embassy of the Republic of Chile would like to thank the Federal Public Service
Foreign Affairs, Foreign Trade and Development Cooperation, Directorate-general Bilateral
Affairs, Direction Latin America and the Caribbean, for sending this Note to the relevant
authorities, and avails itself of this opportunity to renew the assurance of its highest
consideration.
Cuba
10-05-2017
The Ministry of Foreign Affairs presents its compliments to the Honourable Embassy
of the Kingdom of Belgium and referring to the latter's Verbal Note N°17/0117, dated
12 April 2017, concerning the Convention Establishing a Customs Cooperation Council
and Annex, done at Brussels on 15 December 1950, has the honour to inform that, in
conformity with the Vienna Convention on the Law of Treaties and the international
provisions with regard to the recognition of States, the notification in reference
has no legal value on behalf of the Republic of Cuba as it does not recognize the
"Republic of Kosovo" as a subject of International Law.
The Ministry of Foreign Affairs avails itself of the opportunity to renew to the Honourable
Embassy of the Kingdom of Belgium the assurances of its distinguished consideration.
Cyprus
20-03-2017
The Ministry of Foreign Affairs of the Republic of Cyprus presents its compliments
to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium and, further to the notification the Belgian Government
made, on 25 th January 2017, in its capacity as depositary of the Convention Establishing
a Customs Co-operation Council pertaining to the purported accession of Kosovo to
the said Convention, it wishes to convey the following:
The Republic of Cyprus expresses its deep regret over the decision of the Belgian
Government to accept "the instrument of accession" of Kosovo to the Convention Establishing
a Customs Co-operation Council without prior discussion of the matter by the Council
of the Convention, In contravention to the decision the Council made at its meeting
in June 2012.
The Republic of Cyprus wishes herewith to reiterate its position that it does not
recognize "Kosovo'·as an independent and sovereign state and, thus, considers its
purported accession to the Convention as null and void. Neither the purported accession
of "Kosovo" to the Convention nor any activity under the Convention involving or with
respect to "Kosovo" implies or can be considered as implying recognition by the Republic
of Cyprus of "Kosovo" as an independent and sovereign State nor does it establish
a treaty relationship with "Kosovo" under the Convention.
The position of the Republic of Cyprus is in accordance with generally applicable
rules and principles of international law, and is in conformity with UNSCR 1244/99
and the ICJ Opinion on the "Kosovo" declaration of independence.
The Ministry of Foreign Affairs of the Republic of Cyprus avails itself of this opportunity
to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development
Cooperation of the Kingdom of Belgium the assurances of its highest consideration.
Georgia
26-04-2017
The Ministry of Foreign Affairs of Georgia presents its compliments to the Federal
Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom
of Belgium and referring to the 1950 Convention Establishing a Customs Co-operation
Council has the honor to inform the following:
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium by its notification of January 25, 2017, informed the Contracting
Parties on the accession of Kosovo to the above-mentioned Convention. As stated in
the notification, according to paragraph (c) of the Article 18, the Convention entered
into force for Kosovo on the date of the deposit of its instrument of accession, on
January 25, 2017.
According to paragraph (a) of Article 18 of the Convention, the Government of any
State which is not a signatory to the present Convention may accede thereto. Georgia,
as well as many other States, does not recognize Kosovo as an independent state. Furthermore,
Kosovo is not a member state of the UN. Hence, Georgia considers that the accession
of Kosovo to the above-mentioned convention has no legal validity including in the
context of Georgia's treaty relations with Kosovo under this convention. Moreover,
it has to be noted that the accession of Kosovo contradicts to the decision of 119h/120th
Customs Cooperation Council's Session when it appeared impossible to reach consensus
on the receipt of Kosovo's instrument of accession.
Georgia does not recognize that the depositary has the power to undertake actions
under the Convention, the treaty practice or public international law that may be
construed as direct or implied qualification of entities as states. Georgia pursuing
its state interests, considers unacceptable and dangerous adoption of such a practice.
Georgia reiterates that it does not recognize Kosovo as an independent state and requests
the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium to notify all contracting parties of the Convention Establishing
a Customs Co-operation Council of Georgia's position on the above issue.
The Ministry of Foreign Affairs of Georgia avails itself of this opportunity to renew
to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
of the Kingdom of Belgium the assurances of its highest consideration.
Israel
20-05-2015
The Embassy of Israel presents its compliments to the Federal Public Service Foreign
Affairs, Foreign Trade and Development Cooperation of Belgium, in the capacity of
the Belgian Government as depositary to the Convention Establishing a Customs Co-operation
Council and Annex and refers to the communication by the depositary, dated March 24,
2015, regarding the Palestinian request to accede to this Convention (Reference Number
J4/CD/Cir.l737-S5179/JUR.05.il.02/2015).
'Palestine' does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid Convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider 'Palestine'
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel's treaty relations under the
Convention.
Mauritius
10-05-2017
The Ministry of Foreign Affairs, Regional Integration and International Trade of the
Republic of Mauritius presents its compliments to the Embassy of the Kingdom of Belgium
in Dar-es-Salaam and has the honour to refer to the Embassy's Note Verbale (J4/2017/083/17)
dated 27 March 2017 regarding the accession by Kosovo to the 'Convention Establishing
a Customs Cooperation Council and Annex, Done at Brussels on 15 December 1950’ of
which the Belgian Government is the depository.
The Ministry wishes to apprise the esteemed Embassy of the Kingdom of Belgium that
the Republic of Mauritius does not recognise Kosovo as an independent State in line
with the UN Security Council Resolution 1244 (1999). The accession of Kosovo to the
Convention is without prejudice to the position of Mauritius on the recognition of
the status of Kosovo and can, in no case, influence the policy of the Government of
Mauritius in this regard.
The Ministry would appreciate it if the esteemed Embassy could apprise the relevant
authorities accordingly.
The Ministry of Foreign Affairs, Regional Integration and International Trade of the
Republic of Mauritius avails itself of this opportunity to renew to the Embassy of
the Kingdom of Belgium the assurances of its highest consideration.
05-07-2017
The Embassy of the Republic of Mauritius presents its compliments to the federal Public
Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom
of Belgium in its capacity of Depositary of the Convention Establishing a Customs
Cooperation Council signed in Brussel on 15 December 1950 and has the honour to refer
to the request of Kosovo to accede to the said Convention and become a member of the
World Customs Organisation (WCO) and to inform as follows:
In accordance with Article XVII of the Convention, only States may accede to the Convention.
In this respect and is the case for many States which are Party to the Convention,
the Governement of the Republic of Mauritius in accordance with, inter alia, Resolution
1244 (1999) of the United Nations Security Council, does not recognise Kosovo as an
independent and sovereign state.
In view thereof, the Government of the Republic of Mauritius hereby submits its official
objection to Kosovo acceding to the Convention.
Furthermore, any purported accession of Kosovo to the convention or any activity or
decision under the Convention involving or with respect to Kosovo shall be without
prejudice to the position of the Republic of Mauritius concerning the status of Kosovo
and cannot imply or be construed as implying recognition by the Republic of Mauritius
of Kosovo as an independent and sovereign State.
The Government of the Republic of Mauritius further affirms that in the event of any
purported accession of Kosovo to the Convention, it will not consider itself to be
in a treaty relationship with Kosovo under the Convention.
The Embassy of the Republic of Mauritius requests the Federal Public Service Foreign
Affairs, Foreign Trade and Development Cooperation, as Depository for the Convention
Establishing a Customs Cooperation Council, to transmit this Note to all State Parties
to the Convention and to the Secretary-General of the World Customs Organisation.
The Embassy of the Republic of Mauritius avails itself of this opportunity to renew
to the Federal Public Foreign Affairs, Foreign Trade and Development Cooperation of
the Kingdom of Belgium the assurance of its highest consideration.
Romania
07-04-2017
The Embassy of Romania to the Kingdom of Belgium presents its compliments to the Federal
Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom
of Belgium and with reference to the Verbal Note of the Embassy of the Kingdom of
Belgium in Bucharest no. B1/183/ of March 1, 2017 concerning the receipt of the instrument
of accession from the so-called Republic of Kosovo to the Convention Establishing
a Customs Cooperation Council has the honour to state to following:
Romania considers that in the current case the Ministry of Foreign Affairs of the
Kingdom of Belgium has not acted impartially and within the limits of the competences
of the depositary of the treaty.
Considering that the said convention is open to the accession of States or separate
custom territories, and that the statehood of Kosovo is not recognized by a number
of States Parties to the convention (nor does it meet the criteria for separate custom
territory), the Ministry of Foreign Affairs of the Kingdom of Belgium should have
not accepted the deposit of the instrument and should have referred the matter for
decision to the Council of the World Customs Organization. Such an approach would
have been consistent with the normal practice in cases where the statehood of an entity
which seeks accession to a multilateral treaty is in doubt, and it was also followed
by the Ministry of Foreign Affairs of the Kingdom of Belgium on the occasion of the
previous attempt by Kosovo to become a party to the Convention.
The Embassy of Romania kindly requires the Ministry of Foreign Affairs to seize the
Council of the World Customs Organization with the issue of the deposit of the instrument
of accession by Kosovo and to refrain from any notification or other demarches which
might prejudge the settlement of the issue.
Romania considers that the so-called Republic of Kosovo does not meet the criteria
for statehood under international law and therefore, even if Kosovo accedes eventually
to the Convention, such accession cannot create any treaty relationship between Romania
and Kosovo, and cannot modify in any way the position of Romania on the status of
Kosovo.
The Embassy of Romania to the Kingdom of Belgium avails itself of this opportunity
to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development
Cooperation of the Kingdom of Belgium the assurances of its highest consideration.
Russian Federation
30-03-2017
The Embassy of the Russian Federation presents its compliments to the Federal Public
Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom
of Belgium and, referring to the verbal note J4/JU/Cir.1788-S.7094/ JUR.05.11.02/2017
dated 25 January 2017, which the Federal Public Service communicated in its capacity
as Depositary of the Convention on the establishment of a Customs Cooperation Council,
signed in Brussels on 15 December 1950, has the honour to inform you of the following.
In accordance with Article XVlll of the Convention, only States may accede to the
Convention. The Russian Federation, taking into account, inter alia, Resolution 1244
(1999) of the United Nations Security Council, does not recognise Kosovo as a State.
As such, it considers that the relevant provisions of the Convention, including those
relating to the legal consequences of depositing instruments of ratification by acceding
States, as well as the standards of customary international law related thereto, are
not applicable to the "instrument of accession" of the territorial unit in question.
In light of the above, the Russian Federation does not consider itself bound by the
Convention with regards to the territorial unit in question.
Similarly, the Russian Federation sees no reason for the Depositary to have accepted
and notified the notice of "accession" to the Convention of the territorial unit referred
to, under the terms of Article XVIII, and considers as unfounded the assertion laid
down in the above-mentioned Note that this international act can enter into force
with respect to the territorial unit In question.
The Embassy, referring to paragraph 2 of Article 76 of the Vienna Convention on the
Law of Treaties (1969), has the honour of reminding the Federal Public Service that
the functions of the depositary of a treaty are international in character and the
Depositary is under an obligation to act impartially in their performance.
The Embassy assumes that the Federal Public Service is fully aware of the fact that
the region of Kosovo is not recognised by several States, including the Contracting
Parties to the Convention, as well as the resolution of the United Nations Security
Council 1244 (1999), which reaffirms "the commitment of all Member States to the territorial
integrity of the Federal Republic of Yugoslavia".
In light of the above, the Embassy calls on the Federal Public Service to perform
its functions as the Depositary of an international convention impartially and conscientiously
with regards to the international and impartial character of these functions.
Furthermore, the Embassy expresses its dismay at the delay with which the Depositary
informed the Contracting Parties and the World Customs Organisation that it had received
the "instrument of accession" of the territorial unit in question. The Russian Party
hopes that any subsequent communication of documents, notifications and announcements
pertaining to the Convention will be performed by the Depositary in a timely manner.
Pursuant to paragraph 1 f) of Article 77 of the Vienna Convention on the Law of Treaties
(1969), the Embassy requests the Federal Public Service to inform the Contracting
Parties to the Convention establishing a Customs Cooperation Council, and the States
entitled to become Parties to the latter, as well as the World Customs Organisation,
of the position of the Russian Federation hereby stated.
The Embassy of the Russian Federation avails itself of this opportunity to renew to
the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation
the assurance of its highest consideration.
Serbia
07-03-2017
The Ministry of Foreign Affairs of the Republic of Serbia presents its compliments
to the Embassy of the Kingdom of Belgium and, with reference to the Embassy's Note
No. J4/2017/0286 of 6 March 2017 concerning the receipt of the Instrument of accession
from the so-called Republic of Kosovo to the Convention Establishing a Customs Cooperation
Council (1950) has the honour to express a strong protest to the Federal Public
Service Foreign Affairs, Foreign Trade and Development Cooperation of Belgium.
The Ministry of Foreign Affairs of the Republic of Serbia wishes to point out that
Kosovo and Metohija is an autonomous province and an integral part of the Republic
of Serbia, administered by the United Nations Interim Administration Mission In Kosovo
(UNMIK) in accordance with the legally binding UNSC resolution 1244 (1999), adopted
under Chapter VII of the United Nations Charter. In addition, Article XVIII of the
Convention Establishing a customs Cooperation Council specifies that the Government
of any State may accede to the Convention as a Party thereof. Socalled "Kosovo" does
not meet the set criteria because, as already indicated - under UNSC resolution 1244
(1999), reaffirming the sovereignty and territorial integrity of the Federal Republic
of Yugoslavia (now Republic of Serbia) - Kosovo and Metohija is an integral part of
the territory of the Republic of Serbia under UN administration and, consequently,
not a state.
The attention of the Federal Public Service Foreign Affairs, Foreign Trade and Development
Cooperation of the Kingdom of Belgium is drawn to the fact that it was informed of
the Council's conclusion of 2012, when the so-called Republic of Kosovo first
attempted to accede to the Convention Establishing a Custom Cooperation Council
and when, upon objections raised by many World Customs Organization members, it was
concluded that, at that point, it was not possible to reach consensus on receipt
of the said instrument, whereas the Council Chairman summed up that"... the
matter should not appear on the Policy Commission or Council Agenda again until there
was tangible progress, or some other specific reason that warranted its being
taken up again". In this sense, receipt of the Instrument of accession from
the so called Republic of Kosovo constitutes a violation of international law and
is In contravention of the conclusion made by the Council Chair and of the Vienna
Convention on the Law of Treaties which, Article 76, states that "the depository
is under an obligation to act impartially in their performance", whereas article
77, paragraph 2, of the Convention provides that "In the event of any difference
appearing between a State and the depository as to the performance of the latter's
functions, the depository shall bring the question to the attention of the
signatory States and the contracting States or, where appropriate, of the competent
organ of the international organization concerned”.
The Ministry of Foreign Affairs wishes to underline that such steps seriously
jeopardize the successful outcome of the dialogue between Belgrade and Pristina, conducted
with EU facilitation, and deeply politicize the work of an expert organization
such as the World Customs Organization, creating a dangerous precedent for the
future.
Therefore, receipt of the instrument of accession from the so-called Republic of crossover
on the Convention Establishing a Customs Cooperation Council is considered by the
Republic of Serbia as null and void.
The Ministry of Foreign Affairs requests the Federal Public Service Foreign Affairs,
Foreign Trade and Development Cooperation, as depository for the Convention Establishing
a Customs Cooperation Council, to transmit this note to all State Parties to the
Convention and to the Secretary-General of the World Customs Organization.
Spain
13-03-2017
The Spanish Embassy in Brussels presents its compliments to the Federal Public Service
Foreign Affairs, Foreign Trade and Development Cooperation and, referring to its Note
Verbale of 6 March, has the honour of sharing the following considerations on the
possible inclusion of the territory of Kosovo in the Convention establishing a Customs
Cooperation Council, dated 25 January 2017:
1. The Kingdom of Spain would like in the first instance to express its surprise and
concern at the conduct of the Belgian Ministry of Foreign Affairs, for having accepted
the instrument of accession of the territory of Kosovo to the Convention establishing
a Customs Cooperation Council, acting simultaneously as recogniser and Depositary
country of the Convention, thus exceeding its role as a Depositary, by attributing
statehood to a territory whose international status is disputed. With this decision,
the Belgian Ministry of Foreign Affairs has not observed, in our view, the impartiality
required by the Depositary of the Convention of an Organisation in which a large number
of its Member States do not recognise the statehood of the territory of Kosovo.
2. The Kingdom of Spain also wishes to remind the Ministry of Foreign Affairs that,
in accordance with international law, the Depositary of an international Convention
does not have the jurisdiction to determine whether an entity meets the mandatory
requirement of statehood, as required by the Convention. In light of the above, simply
receiving the instrument of accession of the territory of Kosovo represents a dangerous
precedent, which contradicts the duty of neutrality of any Depositary country, in
accordance with the Vienna Convention on the Law of Treaties of 23 May 1969 (article
76).
In this sense, Article 77.2 of the Vienna Convention on the Law of Treaties of 1969,
stipulates that, in the event of any difference appearing between a State and the
Depositary as to the performance of the latter's functions, the Depositary shall bring
the question to the attention of the signatory States and the contracting States or,
where appropriate, of the competent organ of the international organisation concerned.
This is exactly the way the Secretary General of the United Nations functions when
acting as the Depositary in disputed situations, and not acting as though it were
a simple formal decision.
3. In addition, in the case at issue, it seems apt to recall that there is a history
of different behaviour on the part of the Belgian Ministry of Foreign Affairs, even
within the World Customs Organisation. Indeed, in receiving the instrument of accession
of the territory of Kosovo, the Ministry of Foreign Affairs had consulted the bodies
of the World Customs Organisation in 2012 on the possible accession of the territory
of Kosovo. At the time, these bodies decided that the issue was not yet at the stage
where a response could be provided to the Belgian Ministry of Foreign Affairs. Since
this date in 2012, the Ministry of Foreign Affairs and Cooperation has not been made
aware of a subsequent decision to the contrary by the bodies of the World Customs
Organisation. Moreover, it seems appropriate to mention that the WCO ("CEFTA Week"
in 2011) referred to the territory of Kosovo using the designation "UNMIK-Kosovo",
which properly reflects, in the opinion of Spain, the content of Resolution 1244 of
the United Nations Security Council. A Resolution which, let us reiterate, is still
in force.
4. The territory of Kosovo undeniably has a disputed international status. The Kingdom
of Spain, in the exercise of its sovereign powers, does not recognise the unilateral
declaration of independence of the territory of Kosovo, as is the case for many States
Party to the Convention. Spain emphasises observance of the principle of territorial
integrity of States and of international law, in accordance with the Charter of the
United Nations and the Final Act of the Helsinki Conference. Furthermore, Spain fully
respects the content of the aforementioned prevailing Resolution 1244/1999 of the
United Nations Security Council. Consequently, the Kingdom of Spain considers that
the territory of Kosovo cannot accede to the Convention establishing a World Customs
Organisation, given that this territory does not enjoy the status of Statehood (Article
18) which is essential for accession.
In light of the above, the Spanish Embassy in Belgium:
1. Requests that the Belgian Ministry of Foreign Affairs explains the reasons which
justify its change of behaviour as a Depositary in 2017, compared to 2012 and,
2. Requests that, with the aim of maintaining its impartiality as a Depositary, the
decision to accept the instrument of accession presented by the territory of Kosovo
be suspended (consequently amending the list appended to the aforementioned Note Verbale),
and that the matter be brought to the attention of the States Party to and bodies
of the World Customs Organisation so that they may take a decision.
Finally, the Spanish Embassy in Belgium wishes to warn of the serious consequences
arising from the conduct of a Depositary country, and of the risks incurred, by unnecessarily
introducing elements of a political nature into an Organisation with a highly technical
nature.
Ultimately, Spain considers that the act of receiving and accepting, on the part of
the Ministry of Foreign Affairs, the instrument of accession of the territory of Kosovo
to the Convention establishing a Customs Cooperation Council is not valid and does
not have effect.
The Spanish Embassy in Belgium avails itself of this opportunity to renew to the Federal
Public Service Foreign Affairs, Foreign Trade and Development Cooperation the assurance
of its highest consideration.
United States of America
05-06-2015
The Embassy of the United States of America presents its compliments to the Ministry
of Federal Public Service, Foreign Affairs, Foreign Trade and Development of the Kingdom
of Belgium and refers to the Ministry's depositary notice J4/CD/Cir.l737-S5179/JUR.05.11.02/2015,
dated March 24, 2015, regarding the purported accession of the « State of Palestine
» to the Convention Establishing a Customs Co-operation Council, done at Brussels
December 15, 1950 (the Convention), for which Belgium is the depositary.
The Government of the United States of America does not believe the "State of Palestine"
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States. Therefore, the Government of the United
States of America believes that the "State of Palestine" is not qualified to accede
to the Convention and affirms that it will not consider itself to be in a treaty relationship
with the "State of Palestine" under the Convention.