Act No. 102 / 1988 Coll.
Act amending and supplementing Act No. 42 / 1980 Coll., on Economic Relations with Foreign
Valid
Effective from 01.07.1988
Zobrazeno prvních 200 z celkem 216 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
102
THE LAW
of 16 June 1988
amending and supplementing Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, is amended as follows:
1. Paragraph 3 (c) is deleted.
2. in Article 4 (e), the words "and production technical knowledge" shall be deleted.
3.
(1) In their business activities, Czechoslovak legal persons strive for the most favourable participation in the international division of labour.
(2) Czechoslovak persons are entitled to establish and pursue direct economic relations with foreign persons within the limits laid down in this Act.
(3) Czechoslovak persons may establish and implement indirect economic relations with foreign countries. Indirect economic relations with foreign persons under this law are relations with foreign persons, which the Czechoslovak person builds up and implements through Czechoslovak socialist organisations authorised to do foreign economic activity acting in their own name on behalf of the Czechoslovak person. The Czechoslovak person is entitled to choose which of the several Czechoslovak socialist organisations entitled to the required foreign economic activity is to act on the basis of a contract against foreign persons.
(4) Foreign economic activity is managed, organised and controlled by the State in such a way that business activities in this area under conditions of economic competition and within the limits laid down under this law develop in accordance with the needs of the national economy of the Czechoslovak Socialist Republic and in accordance with the international treaties by which the Czechoslovak Socialist Republic is bound and extended the involvement of Czechoslovak people in appropriate forms in the international division of labour. "
4. the following points (e) and (f) of Article 6 (5) are added:
"(e) imports of goods carried out by Czechoslovak natural persons for the purpose of carrying out their authorised economic activities in the territory of the Czechoslovak Socialist Republic; 9a)
(f) the provision and reception of services in the areas referred to in Article 17. ';
5.
(1) Only Czechoslovak legal persons and foreign persons may engage in foreign trade activities on the basis and within the limits of the authorisation granted, unless the authorisation is not required.
(2) Foreign trade permit is not required
(a) in the case of foreign persons, to negotiate contracts with and to execute Czechoslovak legal persons entitled to foreign trade;
(b) for Czechoslovak legal persons who are socialist organisations, within the limits of their basic business, for the export and import of products and parts thereof covered by a production cooperation contract concluded in accordance with this Act (§ 23 (2)), where such export or import takes place in relation to another Contracting Party to this Treaty which has its registered office in the territory of a State participating in socialist economic integration; This foreign trade authorisation may be restricted or withdrawn by the Federal Ministry of Foreign Trade under the conditions laid down in the first sentence of Paragraph 8 (3);
(c) in other cases where, in the interests of the national economy of the Czechoslovak Socialist Republic, it is not appropriate to bind the conduct of foreign trade activities to the granting of an authorisation under the conditions and to the extent laid down in the implementing rules issued pursuant to Article 9. ';
6. Article 8 (1) and (2) reads as follows:
"(1) A foreign trade permit shall be granted, amended and withdrawn by the Federal Ministry of Foreign Trade after consultation with the competent authorities.
(2) The Federal Ministry of Foreign Trade will grant permission for foreign trade to a Czechoslovak person who is a socialist organisation, if he proves that the conditions for the proper and economically efficient and rational performance of foreign trade activities are met and will have sufficient foreign exchange resources to cover the legal consequences of any breach of his obligations towards foreign persons. For serious reasons, the Government of the Czechoslovak Socialist Republic may lay down additional conditions which are necessary in order to permit foreign trade. To other persons, the Federal Ministry of Foreign Trade may grant permission for foreign trade if this is in line with the objectives of the effective involvement of the Czechoslovak Socialist Republic's national economy in the international division of labour. "
(7) Paragraph 8 (3) shall be deleted and paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
8. Article 8 (3) reads as follows:
"(3) The Federal Ministry of Foreign Trade shall restrict or withdraw a foreign trade permit if the Czechoslovak legal person or foreign person who has been granted the authorisation violates, again or in a serious manner, the obligations laid down for the conduct of foreign trade. Other than Czechoslovak socialist persons, the Federal Ministry of Foreign Trade may restrict or withdraw authorisations if the circumstances applicable to its granting under paragraph 2 have changed. ';
9.
The Federal Ministry of Foreign Trade shall lay down the procedure for granting, amending and withdrawing authorisation for foreign trade and on which foreign trade activities requiring authorisation under this Act may be carried out without such authorisation, under what conditions and to what extent. '
Article 10 (1) reads as follows:
"(1) The Czechoslovak legal persons entitled to foreign trade activities, which are socialist organisations, follow the needs of the Czechoslovak national economy and the international treaties by which the Czechoslovak Socialist Republic is bound, as well as the cultural interests of the Czechoslovak Socialist Republic."
Article 11 (10) (2) shall be deleted and paragraphs 3 and 4 shall be renumbered paragraphs 2 and 3.
12.
"(1) The Federal Ministry of Foreign Trade directs foreign trade activities by generally binding legislation issued under this Act, customs and in cooperation with the relevant central government bodies and other economic instruments under its jurisdiction. The foreign business activities of Czechoslovak legal entities, which are socialist organisations, are also regulated by the state plan to the extent provided for by the legislation on national economic planning.
(2) The Federal Ministry of Foreign Trade controls foreign trade on the basis and within the framework of the generally binding legislation referred to in paragraph 3. '
13. The following Section 12a is inserted after Section 12:
(1) Czechoslovak and foreign persons may establish a Czechoslovak legal person whose core business involves foreign business or alter its business subject only with the permission of the Federal Ministry of Foreign Trade.
(2) The authorities of the State may establish the Czechoslovak legal person referred to in paragraph 1 or amend its core business subject to foreign trade only with the approval of the Federal Ministry of Foreign Trade.
(3) The authorisation referred to in paragraph 1 and the consent referred to in paragraph 2 shall replace the authorisation referred to in Article 7 (1). "
14. Article 13 (3) reads as follows:
"(3) Foreign trade undertakings are established by the Federal Ministry of Foreign Trade after consulting the relevant national committee. In determining the non-foreign business as part of the core business of the foreign trade undertaking, the Federal Ministry of Foreign Trade shall seek the approval of the competent authority of the State administration of that part of the business, where specific provisions require such approval. The instrument of incorporation of the foreign trade undertaking shall contain in particular its name, registered office, date of establishment, definition of the basic object of the business and amount of the capital. The establishment of a foreign trade enterprise shall be entered in the company register. Eligibility of the foreign trade undertaking to acquire rights and undertake to acquire rights arises on the date of registration in the company register. ';
15. The following Section 13a is inserted after Section 13:
Foreign trade is a socialist economic organisation which carries out its activities independently on the basis of a state plan for economic and social development, a complete and socialist self-government. '
16.
(1) The head of the foreign trade business is the CEO, who is the only manager of the business, and is responsible for it and its results to the Federal Ministry of Foreign Trade and the Labour Collective. The Director-General shall appoint and withdraw his Deputy Directors who are the statutory bodies of the Foreign Trade Company. The Director-General and his Deputy Directors shall be entered in the company register as statutory bodies of the foreign trade undertaking. Eligibility to act on behalf of a foreign trade undertaking shall be acquired by the Director-General on the date of election and the Deputy Director on the date of appointment. The effects of the termination of their duties vis-à-vis third parties shall take place from the date on which the amendments are registered.
(2) The management of a foreign trade enterprise shall be carried out by the socialist authorities, which shall be:
(a) the assembly of a working collective of a foreign trade enterprise, consisting of workers who work in a foreign trade enterprise in a working relationship or the assembly of delegates of that collective; and
(b) the advice of the working group of the foreign trade undertaking elected by the assembly, by secret ballot, for a maximum period of five years.
(3) Paragraphs 3, 5, 11, 25 (2) and (3), 26 (1) and (2) and 27 to 34 of the State Enterprise Act apply mutatis mutandis to the choice of the Director-General, Governance and Socialist Authority of the Foreign Trade Company.
(4) The foreign trade undertaking shall ensure that its assets are fully, effectively and economically used and protected. The Federal Ministry of Foreign Trade shall, in agreement with the Federal Ministry of Finance and the State Bank, amend the details of the management of the assets of foreign business by the Czechoslovak general law. '
17.
(1) The Federal Ministry of Foreign Trade decides to abolish, divide, merge and merge foreign trade undertakings and to change the subject matter of their business; the second sentence of Paragraph 13 (3) shall apply mutatis mutandis. The Federal Ministry of Foreign Trade may also change their name, registered office and capital.
(2) The cancellation, division, merger or merger of a foreign trade undertaking or the change of its capital must not be detrimental to the creditors of a foreign trade undertaking. The revocation, division, merger or merger of foreign trade undertakings or the alteration of their capital shall take effect from the date of registration in the company register.
(3) In the absence of a decision to transfer a claim to a divided foreign trade undertaking, the creditor may claim against any of the undertakings resulting from the division of the foreign trade undertaking and shall be jointly and severally liable.
(4) Paragraphs 12, 13 (2), 14, 17 and 21 to 23 of the State Enterprise Act apply mutatis mutandis to a foreign trade undertaking. "
18. Article 17 (1) and (2) reads as follows:
"(1) Foreign economic services include services in the field of the pursuit of international transport by rail, air, road, river and sea, with the exception of the provision of transport of mail, in the areas of connections, culture, education, insurance, health services, except spa treatment, funeral services and in the field of banking, where they are provided
(a) Czechoslovak persons to foreign persons, with the exception of services provided to satisfy the personal needs of foreign natural persons and similar needs of foreign legal persons in the territory of the Czechoslovak Socialist Republic for Czechoslovak currency and Czechoslovak persons abroad;
(b) foreign persons in the territory of the Czechoslovak Socialist Republic.
(2) Foreign economic services also include:
(a) the provision of services by Czechoslovak legal persons to Czechoslovak persons in facilitating the transfer of the rights of Czechoslovak authors or performers abroad and foreign authors or performers to the Czechoslovak Socialist Republic10);
(b) the issue of transport documents by Czechoslovak rail carriers in transit by foreign rail carriers and by Czechoslovak air carriers in transport by foreign air carriers. ';
19.
(1) Authorisation to provide foreign economic services is granted, amended and withdrawn in the area of:
(a) the implementation of rail, air, river and river transport and in the field of connections by the Federal Ministry of Transport and Communications in agreement with the Federal Ministry of Foreign Trade;
(b) road transport and burial of the Ministry of Interior and Environment of the Republic in agreement with the Federal Ministry of Foreign Trade;
(c) cultures of the Ministry of Culture of the Republics;
(d) education by the Ministry of Education, Youth and Sports of the Republics;
(e) insurance of the Ministry of Finance, Prices and Wages of the Republics in agreement with the Federal Ministry of Finance;
(f) health services of the Ministry of Health and Social Affairs of the Republics;
(g) Bank Finance State Bank of Czechoslovakia in agreement with the Federal Ministry of Finance.
(2) Paragraph 8 (2) to (4) shall apply mutatis mutandis to the granting, modification and withdrawal of authorisations for the provision of foreign economic services. "
20. Paragraph 20 (1) reads as follows:
"(1) Czechoslovak legal persons who are authorised to provide foreign economic services shall act in accordance with the needs of the Czechoslovak national economy and the international treaties by which the Czechoslovak Socialist Republic is bound and in the field of culture in accordance with the cultural political interests of the Czechoslovak Socialist Republic."
21.
(1) The provision of foreign economic services is managed by the central authorities which have granted authorisation for such activities. The procedure shall be carried out in general binding legislation and in cooperation with the relevant central government bodies with economic instruments. The provision of foreign economic services by Czechoslovak legal entities, which are socialist organisations, is also regulated by the state plan to the extent provided for by the national economic planning legislation.
(2) The central authorities referred to in paragraph 1 control the provision of foreign economic services on the basis and within the framework of generally binding legislation issued pursuant to Paragraph 22. '
22.
In the area
(a) the implementation of rail, air, river and river transport and connections by the Federal Ministry of Transport and Communications;
(b) road transport by the Federal Ministry of Transport and Communications in agreement with the Ministry of Interior and Environment of the Republic;
(c) cultures of the Ministry of Culture of the Republics;
(d) education by the Ministry of Education, Youth and Sports of the Republics;
(e) insurance of the Ministry of Finance, Prices and Wages of the Republics in agreement with the Federal Ministry of Finance;
(f) health services of the Ministry of Health and Social Affairs of the Republics;
(g) Bank-to-bank State Bank of Czechoslovakia in agreement with the Federal Ministry of Finance;
(h) burial of the Ministry of Interior and Environment of the Republics
adjust in agreement with the Federal Ministry of Foreign Trade the details of the general binding legislation on:
1. the granting, modification and withdrawal of authorisation to provide foreign economic services and of which services, under what conditions and to what extent may be provided without such authorisation;
2. the procedure of Czechoslovak legal persons who are socialist organisations and who have been authorised to provide foreign economic services, or who may provide foreign economic services under a law or an international agreement [Paragraph 18 (2) (a)], in the provision of foreign economic services and on their organisation and control;
3. the conditions, the extent and content allowed and the control of foreign economic services provided by other Czechoslovak legal persons and by foreign persons authorised, or which such services may be provided without authorisation (§ 18 (2)). '
23. Paragraph 25 (2) reads as follows:
"(2) Only Czechoslovak legal persons may conclude a production specialisation contract or a production cooperation agreement with foreign countries and its subject matter shall be extended only on the basis and within the limits of the authorisation granted or on condition that the contract is not valid only after the authorisation has been granted pursuant to § 26, unless the authorisation is not required. '
24.
The authorisation referred to in Paragraph 25 shall be granted by the central administration competent in substance. ';
25. the following Section 26a is inserted after Section 26:
No authorisation shall be required for the conclusion of a production specialisation contract or production co-operation with abroad or for the extension of its subject matter
(a) in the case of a contract concluded for the implementation of an international agreement binding on the Czechoslovak Socialist Republic;
(b) contracts concluded with organisations of States involved in socialist economic integration;
(c) for another production co-operation contract, the sum of the annual volume of exports and imports of the Czechoslovak legal person in connection with the implementation of the production co-operation shall not exceed, in total, CZK 30 million at prices without transport and other costs agreed between the Contracting Parties and converted into the Czechoslovak currency at the central rate declared by the State Bank for the date on which the contract was concluded. "
Article 26 (28) reads:
The Government of the Czechoslovak Socialist Republic may, by regulation, determine when a contract of production specialisation or production co-operation with a foreign, requiring permission under this Act may be concluded or its subject matter extended without authorisation, under which conditions and to what extent, and the procedure for granting authorisation may be adapted. '
27. in Paragraph 29, paragraph 2 and the numbering of the first paragraph are deleted.
28. Paragraph 30 is deleted.
Article 29 (31) (2) and (3) reads as follows:
"(2) A contract for scientific and technological cooperation with foreign persons may be concluded by Czechoslovak legal entities only on the basis and within the limits of the authorisation granted by the State Commission for Scientific, Technical and Investment Development after consultation with the relevant central administration or on condition that the contract is not valid only after the authorisation has been granted, unless the authorisation is not required.
(3) No authorisation to conclude a contract for scientific and technological cooperation with abroad is required
(a) where scientific and technical cooperation is to be carried out on the basis of an international treaty binding on the Czechoslovak Socialist Republic;
(b) for contracts concluded by Czechoslovak persons who are socialist organisations, with persons who have their registered office in the territory of the State involved in socialist economic integration;
(c) in other cases where, in terms of the interests of the national economy of the Czechoslovak Socialist Republic, it is not appropriate to bind the conclusion of a contract for scientific and technological cooperation to the grant of an authorisation under the conditions and to the extent laid down in the Government of the Czechoslovak Socialist Republic. "
30. Paragraph 31 (4) shall be deleted.
31. Paragraph 32 is deleted.
32.
The treatment of industrial rights in relation to abroad under this Act includes the transfer of rights to inventions, designs and trademarks or the provision of their use by Czechoslovak persons to foreign persons, with the exception of the provision of their use in connection with the export of investment vehicles. '
33.
(1) The management of industrial rights (§ 33) in relation to foreign countries can only take place under contract.
(2) The agreement on the treatment of industrial rights may be concluded or its subject matter extended by a Czechoslovak person only on the basis and within the limits of an authorisation granted under Paragraph 35.
(3) No authorisation shall be required in cases where, in terms of the interests of the national economy of the Czechoslovak Socialist Republic, it is not appropriate to bind the conclusion of an authorisation contract under the conditions and to the extent laid down in the implementing rules issued pursuant to Paragraph 36. '
Paragraph 35 reads:
Authorisation for the conclusion or extension of the subject-matter of a contract pursuant to Paragraph 34 shall be granted by the State Commission for Scientific, Technical and Investment Development. '.
Paragraph 36 reads:
The Federal Ministry of Foreign Trade, together with the State Commission for Scientific, Technical and Investment Development, shall, in an agreement with the Federal Ministry of Finance and the State Bank, lay down the details of the procedure for granting authorisations under Paragraph 34 (2) and may determine when such authorisation is not required to conclude a contract or extend its subject matter for which authorisation is required under this Act. ';
36. the words "and connections" shall be added after the words "the Federal Ministry of Transport."
37. in Paragraph 41 (a), the words "and connections" and the words "and the environment" shall be added after the words "the Federal Ministry of Transport";
38.
Details of the activities of the Czechoslovak Chamber of Commerce and Industry, membership, rights and obligations of members, its management and organisation are determined by the statutes approved by the Government of the Czechoslovak Socialist Republic on a proposal from the Federal Ministry of Foreign Trade. "
39.
In order to protect the commercial political or exceptionally other important interests of the Czechoslovak Socialist Republic or to ensure the fulfilment of international obligations, the Federal Ministry of Foreign Trade may carry out foreign economic activities or transit of goods through the territory of the Czechoslovak Socialist Republic
(a) restrict or prohibit;
(b) subject to compliance with certain conditions, including the granting of official authorisation or the presentation of the documents provided for. ";
40. Paragraph 61 reads:
The General Rules on Administrative Procedure (Administrative Regulations) do not apply to proceedings under Sections 56 and 57. 11) Where, by failure to comply with an application for an authorisation, amendment or withdrawal of an authorisation or by granting a measure in accordance with that law, a person is injured in property, the right to compensation shall not arise. ';
41. Paragraph 62 is deleted.
42. the following Section 63a is inserted after Section 63:
(1) Statements or parts thereof by which a foreign trade undertaking has been established pursuant to the previously applicable rules shall cease to be valid on the date on which their content has been modified by the exercise of its powers under paragraphs 13 and 15.12.
(2) The Federal Ministry of Foreign Trade is required to ensure that the first assembly of the working group of the foreign trade enterprise is convened, as well as the preparation of the election of the Director General and the Board of Labour at the first assembly at the latest.
(a) within four months of the creation of a new foreign trade undertaking;
(b) until 31 December 1989 in an existing foreign trade undertaking.
(3) Until the entry into force of the new elected Director-General of the Foreign Trade Company, the current Director or, where appropriate, in the newly set-up Foreign Trade Company, by the Federal Ministry of Foreign Trade, shall be performed by the delegate to the extent specified by that Ministry. Until the date of election of the Director-General, he shall withdraw and appoint the Director-General or Deputy Director-General, Minister of Foreign Trade of the Czechoslovak Socialist Republic. "
The following shall be deleted:
(a) the Decree of the Government of CSSR No. 157 / 1980 Coll., on the granting of authorisations for the conclusion, modification or cancellation of certain contracts for production specialisation or production cooperation with abroad, as amended by the Government of the Government of CSSR No. 21 / 1987 Coll.;
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 102 / 1988 Coll., amending and supplementing Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0