Decree No. 10 / 1948 Coll.
Ordonnance for provisional application of the Convention between the Republic of Czechoslovakia and the Republic of Poland on Economic Cooperation, signed in Prague on 4 July 1947
Valid
Effective from 15.11.1947
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10.
Government Decree
of 16 December 1947
on the provisional application of the Convention between the Republic of Czechoslovakia and the Republic of Poland on Economic Cooperation, signed at Prague on 4 July 1947.
With the consent of the President of the Republic, the Convention between the Republic of Czechoslovakia and the Republic of Poland on Economic Cooperation signed in Prague on 4 July 1947 shall be entered into force with effect from 15 November 1947 pursuant to Article 1 of the Act of 4 July 1923, No 158 Coll., and pursuant to Article VII of the Law of 22 June 1926, No 109 Coll.
Gottwald v. r.
Convention
between the Republic of Czechoslovakia and the Republic of Poland on economic cooperation.
President of the Czechoslovak Republic with one party and President of the Republic of Poland with the other, led by a desire to cooperate in the spirit of a treaty for friendship and mutual assistance between the Republic of Czechoslovakia and the Republic of Poland and the Protocol - Annexes to this Convention, signed on 10 March 1947 in Warsaw and convinced:
that the historical experiences of both nations show them the need for close cooperation in all fields,
that close cooperation will have a beneficial effect on the growth of the creative power of both states and on the well-being of their populations,
that such cooperation will strengthen the capacity of both States to develop economic relations with third countries and thus bring new positive elements to the international economy,
that permanent cooperation can only be guaranteed if supported by precise legal standards and a properly organised apparatus,
They decided to make a special covenant to that end and appointed their agents:
President of the Czechoslovak Republic
Mr Jan Masaryk, Minister for Foreign Affairs,
Mr. Doc. Dr Hubert Rip, Foreign Trade Minister.
President of the Republic of Poland
Mr Dr Hilary Coin, Minister of Industry and Trade,
Mr Stefan Wierblowski, Ambassador of the Republic of Poland in Prague,
Mr. Doc. Dr Adam Rose, acting Minister,
who, having exchanged their powers of attorney and found them in good and proper form, agreed on the following provisions:
The objectives of Czechoslovak-Polish economic cooperation.
The basic objectives of economic Czechoslovak-Polish cooperation are:
(a) the highest development of mutual exchange of goods and services;
(b) the highest use of bilateral possibilities of transport in the field of import, export and transit, on land, sea, rivers and air.
(c) establishing close economic cooperation between sections and fields of Polish and Czechoslovak economic life;
(d) establishing close cooperation between economic and technical schools, as well as the institutes of scientific, research and experiments of both States, both for the purposes of mutual information and for the purposes of making work results available to each other as widely as possible;
(e) advice on the economic activities of both States in organisations and institutions of an international nature.
The means to achieve the goal.
In order to achieve the above objectives, the two Governments shall conclude the following arrangements, annexed to this Convention:
A. In the field of goods and services exchange:
Annex to Article 1 of the Commercial Contract,
Annex 2 to the Agreement on the exchange of goods,
Annex No. 3 to the Protocol on security of supply of coal, zinc and electricity from Poland to Czechoslovakia within 5 years,
Annex No. 4 to the Agreement on Czechoslovak Investment Supplies to Poland,
Annex No. 5 of the payment agreement.
B. In the field of transport:
Annex 6 to the Transport Agreement,
C. In the field of economic cooperation:
Annex 7 to the Financial Cooperation Agreement;
Annex No. 8 to the Agreement on Industrial Cooperation,
Annex No 9 to the Agreement on cooperation in agriculture, forestry and nutrition,
Annex No. 10 to the Agreement on Scientific and Technical Cooperation,
Annex 11 Protocol on direct cooperation in the building or distribution of certain economic objects,
D. In general economic cooperation:
Annex No 12 to the Agreement on cooperation in the field of economic planning and statistics,
Annex 13 Final Protocol to this Convention.
The above calculation of contractual arrangements may be supplemented by the agreement of the two High Contracting Parties.
Executive bodies.
In order to coordinate all activities aimed at the correct and successful implementation of this Convention and all related arrangements, the Czechoslovak-Polish Economic Cooperation Council is hereby established.
The Statute of the Council is attached to this Convention and forms an integral part thereof (Annex No 14).
The executive bodies are the Czechoslovak-Polish Commission established under individual agreements annexed to this Convention.
A change in the statute of both the Council and the Czechoslovak-Polish Commission may be implemented at any time after the agreement of both governments.
The conciliation and referee procedure.
Any dispute arising from the implementation of all contractual arrangements concluded under this Convention shall be dealt with in the manner laid down in the Protocol on the Management of Conciliation and Arbitration (Annex No 15).
Final provisions.
This Convention shall be ratified and the instruments of ratification exchanged in Warsaw as soon as possible.
It shall take effect on the date on which the instruments of ratification are exchanged. But both governments can appreciate its earlier entry into force if their respective legislature justifies it.
This Convention shall remain binding for a period of five years from the date on which it enters into force and shall be tacitly extended for another five years, unless one of the High Contracting Parties denies it at least one year before the expiry of the normal five-year period.
The period of effectiveness of the contractual arrangements annexed to this Convention shall be governed by the provisions of those arrangements.
Done in duplicate, each in the Czech and Polish languages; both texts are considered authentic.
Which, on the conscience of the above-mentioned agents, signed this treaty and sealed with their seals.
Done at Prague, 4 July 1947.
For the Government of the Czechoslovak Republic:
Hubert Ripka v. r.
Jan Masaryk v. r.
For the Government of the Republic of Poland:
H. Minc v. r.
S. Wierblowski v. r.
A. Rose v. r.
Trade contract
between the Republic of Czechoslovakia and the Republic of Poland.
The President of the Czechoslovak Republic and President of the Republic of Poland, led by a desire to cooperate in a spirit of friendship in order to further develop and consolidate economic relations between the two States and to help each other rebuild and build the economy of the two States on the basis of a friendship and mutual assistance agreement between the Republic of Czechoslovakia and the Republic of Poland of 10 March 1947, have decided to conclude a trade agreement and have appointed their partners:
President of the Czechoslovak Republic:
Mr Jan Masaryk, Minister for Foreign Affairs,
Mr. Doc. Dr Hubert Rip, Minister of Foreign Trade,
President of the Republic of Poland:
Mr Dr Hilary Coin, Minister of Industry and Trade,
Mr Stefan Wierblowski, Ambassador of the Republic of Poland in Prague,
Mr. Doc. Dr Adam Rose, acting Minister,
who, having exchanged their powers of attorney and found them in good and proper form, agreed on the following provisions:
Members of each of the High Contracting Parties shall enjoy, in each respect, in particular as regards the taking up and pursuit of trade and trade in the territory of the other High Contracting Party, all the privileges, freedoms and benefits conferred on the most favoured nation.
The provisions of this Article shall not affect any of the laws and regulations of any High Contracting Party concerning the entry into the territory and the foreign police, as well as the right of defence. However, the High Contracting Parties agree that these laws and regulations will not be applied in such a way that whole categories of persons are excluded from the benefits of the contract. In any event, termination shall not be justified by housing distress or unemployment.
Members of one of the High Contracting Parties who go to trade fairs, markets and exhibitions in the territory of the other High Contracting Party to trade and exhibit there will be treated as their own members, if they can present a legitimacy, issued by the authorities of the State of which they are members.
The members of each High Contracting Party shall be treated in the territory of the other High Contracting Party as regards their legal status, their movable and immovable property, their rights and interests, as well as the members of any third State. They shall be able to manage their affairs in the territory of the other High Contracting Party either in person or by the intermediaries elected by them, without being subject to restrictions in this respect other than those laid down in the laws and regulations applicable in the relevant territory.
They shall have the right to speak in person, or to appear before the courts and administrative offices of the other High Contracting Party, and shall not be subject to restrictions other than those laid down by laws and regulations in force in the relevant territory, and shall be treated in any way as members of any other State.
None of the High Contracting Parties shall take any measure affecting the ownership or use of goods and the rights or interests of members of the other Party if, under the same conditions, it would not subject the same measure to property, rights or interests of its own members.
Members of one of the High Contracting Parties shall not be assigned to any military service in the territory of the other Party and shall in no way be prevented from fulfilling their military duties in their own state.
They shall be exempt from any benefits imposed by compensation for military service, any military benefits and personal requisitions, but shall be subject to such conditions as to their movable or immovable property in the country, to military requisites and to the burdens of military accommodation as members.
Members of one of the High Contracting Parties shall not be subject to any taxes, levies or charges other than those on which they are subject in the territory of the other Contracting Party for their own person and their property or for the pursuit of any trade, trade, craft or employment.
These provisions shall not prevent the collection of residence benefits or benefits related to the fulfilment of police formalities. In this respect, members of the two High Contracting Parties shall be treated in the same way as members of the State enjoying the most favourable treatment.
National undertakings, public and municipal enterprises and public limited companies and other companies of commercial, industrial, financial and transport, economic and profitable communities, in other "enterprises' which have their registered office in the territory of one of the High Contracting Parties and are legally established there, shall also be entitled to exercise all their rights in the territory of the other Party and, in particular, to appear before courts as plaintiffs or defendants.
The admission of those undertakings to trade or trade in the territory of the other High Contracting Party shall be governed by the laws and regulations which apply or will apply in that territory.
The activities of such undertakings established under the legislature of one of the High Contracting Parties, if they are carried out in the territory of the other Contracting Party, shall be subject to the laws and regulations of that Party, unless otherwise provided for in a separate contract. In each respect, the undertakings referred to above will enjoy, if permitted, those rights which are or will be granted in this field to undertakings of the same type of State enjoying the most favourable treatment, but which do not affect decisions taken on the basis of a concession system or at the discretion of an administrative authority.
The designated undertakings of one high Contracting Party shall not be subject to any taxes, levies or charges other than those to which they are subject in the territory of the other Contracting Party in the course of their trade or trade.
Article III V shall apply mutatis mutandis to the legal status of such undertakings, their assets, their rights and interests in the territory of the other Party.
The provisions of Articles I to VI, insofar as they guarantee the most-favoured-nation treatment, do not affect any specific laws, regulations and regulations in the field of production, trade and trade, craft and their performance, police, public security and public health that apply or will be applied in the territory of the High Contracting Parties and apply in general to all foreigners.
Representatives and agents of the undertakings referred to in Article VI, traders, factory workers and other traders who prove that they have been certified, issued by the competent authorities of their State, that they are entitled to operate their business or business there and that they pay the taxes and charges prescribed by law, shall have the right, in person or by their passengers, to make purchases and to receive orders on the territory of the other High Contracting Party, on the basis of samples, in accordance with the laws and regulations which they pay or will pay in that territory for the conclusion or operation of foreign trade. They will not be obliged to pay any special fees for this reason.
The higher provisions shall not apply to persons engaged in nomadic employment or door-to-door trade, as well as to the search for contracts for physical persons not engaged in business or trade, in which each of the high Contracting Parties reserves the full freedom of its legislature in this field.
Representatives and agents of the undertakings referred to in Article VI, traders, manufacturers and business travellers in their service, legitimate measures, shall have the right to carry samples or models, but not goods.
The High Contracting Parties shall communicate to each other the authorities responsible for issuing the documents as well as the regulations of the above mentioned persons to be followed in the course of their business.
Legitimations will be liberated from visa consular or other.
The provisions of the International Convention on the simplification of customs formalities, signed at Geneva on 3 November 1923, shall apply to the import and re-export of samples and models.
In this respect and in any other respect falling within this Article, the High Contracting Parties shall grant each other the treatment of the most favoured nation.
Inner benefits, collected on behalf of any person who is or will be imposed on the extraction, production, circulation or consumption of any type of goods in the territory of one of the High Contracting Parties, shall not affect, by any means, the goods of the other Party more or more burdensome than domestic goods of the same kind, or, failing that, goods of the State most favoured.
Goods, land crops and industrial products coming and coming from the customs territory of one of the High Contracting Parties shall not be subject, on importation into the customs territory of the other Party, to treatment other than the same goods originating in and coming from the State of the most favoured nation, in particular to customs duties or levies other than those levied or levied on the same goods from any third State.
The most-favoured-nation treatment provided for in the first paragraph shall also apply to exports of goods, land crops and industrial products from one of the high Contracting Parties from its customs territory to the customs territory of the other Party.
The above provisions also apply to the implementation of customs legislation, to the treatment of goods, to the examination and analysis procedure for imported products, to the conditions for payment of customs duties and charges, and to the classification of goods and to the interpretation of the tariff.
Products obtained in the customs territory of one of the high Contracting Parties by the processing of foreign materials, including in the exchange of records, shall also be considered as industrial products of that Party on condition that they have undergone significant changes in the processing of such products. The amendment border resulting in the recognition of a product manufactured from foreign materials as a product of a Contracting Party shall be governed by the autonomous provisions generally applicable in the customs territory of the importing State, whereby the most-favoured-nation treatment is ensured.
The most favoured nation treatment provided for in the previous Articles shall not apply to:
1. Benefits which are or will be granted by one of the High Contracting Parties to facilitate border contact with neighbouring States in a zone not exceeding 15 km with both those Parties;
2. special advantages arising from the customs union;
3. rights and privileges granted by one of the Contracting Parties to a third State in multilateral conventions in which the other Party would not have been involved if those rights and privileges had been agreed in multilateral conventions within the United Nations and open to all States. However, the Contracting Party concerned may require benefits from such rights or privileges where such rights or privileges have also been agreed in conventions other than multilateral agreements, corresponding to the above mentioned conditions, or where the Party requesting that they participate is willing to provide each other with the same treatment.
The most favoured-nation treatment does not apply to the specific provisions of contracts concluded between one of the high Contracting Parties and a third State to achieve a balance in domestic and foreign taxation, to define the tax highness of the two States, and in particular to avoid double taxation.
As long as there is complete freedom of trade between the two high Contracting Parties, restrictions or prohibitions on imports and exports which apply or apply to the customs territory of one of the High Contracting Parties shall not apply to the trade of the other Party, except that such restrictions and prohibitions apply also to all other States.
The obligations laid down in the previous Article shall not apply to the prohibitions or restrictions set out below, provided that they are not used as means of any discrimination against foreign States where the same preconditions are given, or as means for the disguised restriction of the mutual exchange of goods:
1. prohibitions or restrictions on public security;
2. prohibitions or restrictions, issued on grounds of morality or humanity,
3. prohibitions or restrictions on trade in arms, ammunition and war material, or, in exceptional circumstances, any war needs;
4. prohibitions or restrictions issued in the interest of public health, whether for the protection of human or animal health, as well as for the protection of plants against diseases, insects and harmful nutrients, in the absence of specific conventions,
5. prohibitions or restrictions on the protection of national assets of artistic, historical or archaeological;
6. prohibitions or restrictions on gold, silver, coins, paper money and securities,
7. Prohibitions or restrictions to be extended to foreign products by a scheme which applies or will apply in its own country to the production, trade or transport and consumption of domestic products of the same kind;
8. Prohibitions or restrictions applicable to products which are or will be the subject of a state monopoly or monopolies operated under State supervision in respect of production or trade.
It is understood that the provisions of previous Articles XIII and XIV do not affect in any way the rights of the two High Contracting Parties to take the necessary measures to protect the vital interests of States in exceptional and unusual circumstances.
Subject to the condition of re-export or re-import and subject to the necessary control measures being taken, the provisions shall be maintained and the security to be collected to ensure the benefits which should be paid as appropriate shall be granted exemption from all import and export levies under the applicable laws for:
1. articles intended for the administrator,
2. tools, apparatus and machine tools which the entrepreneur or firm of one of the high Contracting Parties exports to the territory of the other Party in order to provide work personnel with installation, testing or repair, whether these items are sent by the transport undertaking or imported by the workers themselves,
3. objects sent from one State to another for trial, trial or imitation,
4. goods (except consumer goods) sent to fairs, exhibitions and competitions,
5. moving carriages which cross borders in order to transport objects from the territory of one of the high Contracting Parties to the territory of the other Party, even if they return with new cargo, irrespective of where they were loaded but on condition that they were not used in the meantime exclusively for inland transport, in which case the agreement is that these means of transport are to be understood as being necessary for normal use in transport and that the period for re-exportation is set for six months;
6. samples and models, according to the International Convention on the Simplification of Customs Forms, signed at Geneva on 3 November 1923, shall be set at six months, in which case it shall be agreed to be extended to 12 months at the request of the importer,
7. External packaging of all types already used, which are imported for filling and re-exported filled, as well as packaging of all types already used, if they are returned, originating in exported consignments and if they are returned at the specified time.
Where goods, exported from one country to the other, are returned at the request of the original exporter because they have not been accepted or for other reasons, the re-export shall be waived from the collection of the export duty and all additional levies and the import duty and all the additional levies already paid shall be refunded or the recovery of those duties and benefits shall be waived on condition that the goods remain under the supervision of the customs office until re-exportation and that re-exportation shall take place within three months of the import of the request by means of the transport document without any change of the goods. The customs duty and the additional import levies already paid shall also be refunded to another person in the country of the consignment or in any third country if the goods have been returned for free circulation by the consignee to the consignor in the same condition, or if the goods have been sent for order and on behalf of the consignor to another person in the country of the consignment or in any third country because the consignee has renounced the trade or because the goods did not comply with him, provided that the re-exportation is carried out at the same customs office which, at the time of importation, has been carried out within a period of two months from the date of departure and finally that the reasons for re-exportation have been duly established and that the identity of the goods has been established.
In other cases of re-exportation of goods, which have not been modified by this Article, each of the two Contracting Parties will proceed with consignments of the other Contracting Party under the applicable rules with the greatest benefit.
In order to ensure mutual trade the advantages of treatment under this Convention and to avoid any possible abuse, each high-level Contracting Party may require that goods, land crops or products of the other Party be accompanied by a certificate of origin upon importation.
Certificates of origin shall be issued by the Chamber of Commerce to which the consignor or other institution recognised by the country of destination belongs.
The Government of the country of destination shall have the right to require verification of the certificate of origin by its diplomatic or consular representative, except where the certificate is issued by State authorities.
Where one of the High Contracting Parties subsequently grants an exemption or any relief in respect of certificates of origin to the third State, the use of such benefits shall be extended immediately, subject to reciprocity, to imports from the customs territory of the other Party.
Each High Contracting Party shall ensure, in its territory, effective protection against unfair competition for members of the other High Contracting Party, within the framework of applicable laws and regulations, and shall treat those members as their own. In particular, each High Contracting Party undertakes to take all necessary measures to prevent the incorrect use of the labelling of local origin in its territory, in particular as regards hops, wine products, beer, mineral waters and mineral water products, provided that the other Contracting Party properly protects and notifies the first Party thereof.
In particular, the above notification must specify the provisions of the relevant laws and regulations of that State providing for a designation of origin.
The designation of the local origin of one of the two States, when used for products to which the legal provisions of that State deny this advantage, shall be regarded as incorrect use.
Under the name Czechoslovak hops, in particular under the name "Czech hops' (" Žatecký chmel ', "Raudnický chmel'," Úštěcký chmel ', "Dubský chmel')," Moravian hops' ("Tršický chmel '), only hops marked and accompanied by a certificate of verification of certain Czechoslovak grades according to the legal rules on the origin of hops applicable in the Czech Republic may be put into circulation in Poland. In addition, such hops must be in the original filling, i.e. in the packaging, bearing the designation of origin, seals and seals, according to the Czechoslovak regulations mentioned.
The provisions of this Article shall not apply to transit goods.
The two High Contracting Parties agree to apply the provisions of the International Convention on the simplification of customs formalities, signed at Geneva on 3 November 1923, in liaison with each other.
On all issues relating to rail, inland waterway, maritime, road, air and postal transport, as well as telecommunications, the High Contracting Parties shall be governed by the provisions of the relevant Czechoslovak-Polish conventions and international conventions to which they have acceded or will accede in future.
On all issues relating to international transit, the High Contracting Parties shall be governed by the provisions of the Barcelona Convention and the Statute on Freedom of Transit of 20 April 1921.
The High Contracting Parties undertake to implement each other's tariff policy, with the greatest possible bliss.
Both high Contracting Parties will endeavour to facilitate and accelerate the implementation of customs and passport formalities in the transport of mutual and transit.
In inland and maritime navigation, the relevant Czechoslovak-Polish Convention, as well as the international conventions to which both high Contracting Parties have acceded or will accede in the future, will be essential for the interaction between the high Contracting Parties.
The High Contracting Parties shall, within the shortest period of time, negotiate a veterinary convention which shall form an integral part of this Treaty. Pending the entry into force of this new Veterinary Convention, the provisions of the Veterinary Convention and the Final Protocol thereto of 10 February 1934 shall apply.
The High Contracting Parties undertake to negotiate, as soon as possible, a special convention governing mutual support for customs proceedings, the prevention, prosecution and punishment of offences, as well as mutual legal assistance in customs matters.
This Treaty will be ratified and instruments of ratification exchanged in Warsaw as soon as possible.
It shall take effect on the date on which the instruments of ratification are exchanged.
However, both governments can assess its earlier entry into force if their respective legislature justifies it.
This Treaty shall remain binding for a period of five years from the date on which it comes into force. After the expiry of that period, its effectiveness shall be extended for an unlimited period, with the right of each of the High Contracting Parties to give notice six months in advance.
The Trade and Navigation Convention of 10 February 1934 shall cease to apply on the date of entry into force of this Treaty.
Written in duplicate, each in the Czech and Polish languages; the two texts are equally authentic.
Which, in the light of the above mentioned officers, signed this contract.
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Regulation Information
| Citation | Decree No. 10 / 1948 Coll., which puts into force the Convention between the Republic of Czechoslovakia and the Republic of Poland on Economic Cooperation, signed in Prague on 4 July 1947 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.1948 |
|---|---|
| Effective from | 15.11.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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