Decree of the Foreign Trade Minister No. 103 / 1960 Coll.
Decree on the jurisdiction of the Czechoslovak Chamber of Commerce and its organisation
Valid
Effective from 01.07.1960
103
DECLARATION
Minister for Foreign Trade
of 29 June 1960
on the competence and organisation of the Czechoslovak Chamber of Commerce
The Minister for Foreign Trade provides, pursuant to § 2 (3) and § 20 of Act No. 119 / 1948 Coll., on the State Organisation of Foreign Trade and International Sailing:
General provisions
The Czechoslovak Chamber of Commerce and Industry (hereinafter referred to as the Chamber) is an organisation which brings together enterprises, bodies and other organisations of the Czechoslovak economy; Its task is to promote the development and consolidation of the economic relations of Czechoslovakia to foreign countries, thereby serving the interests of foreign trade in the exchange of goods and services.
(1) The Chamber is a legal person; its headquarters is Prague.
(2) The Chamber may, with the agreement of the Foreign Trade Minister, set up branches in the domestic or foreign councils. The local and material scope of the activities of branches and councils shall be determined by the rules issued by the Board of Chambers.
(1) The scope of the Chamber is as follows:
(a) to carry out the authorisations and tasks belonging to the chambers of commerce under the trade agreements of the Czechoslovak Republic with foreign States and according to the customs of international trade;
(b) establish and maintain contacts with international and foreign organisations, in particular commercial and other economic organisations and institutions, such as chambers of commerce, export institutes, fairs, exhibitions, industrial associations, exchanges and commercial museums, and participate in their international conventions as required; support the activities of Czechoslovak Joint Chambers of Commerce and similar institutions and coordinate their cooperation with foreign trade undertakings;
(c) to promote the development of trade relations of Czechoslovak foreign trade, in particular by negotiating with delegations of foreign trade and industrial circles;
(d) to promote a broad study of foreign trade issues; in particular, organise lectures on the economic life and economic relations of the Czechoslovak Republic to individual countries in the Czech Republic and issue related information material by printing;
(e) to provide the independent Arbitration Court (Paragraph 25), which is active in disputes arising from trade proceedings for the settlement of such disputes, with the material means needed for the performance of that court's activities;
(f) to certify the origin of the goods, to verify commercial, customs and consular invoices, to issue international documents and certificates for employees of foreign trade undertakings travelling abroad, to verify extracts of accounts and to issue certificates of legal situation of undertakings and other facts, where the need for foreign trade so requires, and to certify foreign trade in commercial technical and transport practices;
(h) to procure and provide information on the terms and conditions of trade relations with a foreign country, in particular on foreign legislation, practices and payment conditions and other issues of foreign trade technology, and to maintain the necessary study centres for these purposes;
(ch) to monitor customs and other related measures of foreign States, to carry out the duties of adviser in these matters for the benefit of the Czechoslovak economy, to study bilateral and multilateral agreements relating to customs policy, and to cooperate in drawing up supporting documents for relevant international negotiations;
(i) in the framework of directives issued by the Minister for Foreign Trade to coordinate and, in fundamental matters, manage activities on trade fairs and exhibitions relevant to Czechoslovak foreign trade;
(j) in the framework of directives issued by the Minister for Foreign Trade to coordinate and, in matters of principle, manage economic promotion activities in relation to the needs of Czechoslovak foreign trade.
(2) The Foreign Trade Minister may entrust the Chamber with the provision of other tasks.
The Ministry of Foreign Trade shall supervise the activities of the Chamber and its management.
Composition
The Chamber has members real, honest and correspondent.
(1) Czechoslovak foreign trade undertakings, manufacturing companies and other undertakings, bodies and organisations whose activities relate to foreign trade may be the actual members of the Chamber.
(2) The actual members are accepted by the Board of Directors of the Chamber on the basis of a written application. A complaint against refusal of membership may be lodged with the General Meeting whose decision is final.
(3) The actual members are required to pay the members' contributions within the time limits set by the Board.
Honorary members are elected by the General Assembly on a proposal from the Board of Directors from persons who have demonstrated particularly valuable services for the development of Czechoslovak foreign trade. Honourable Members shall have all the rights of the actual members of the Chamber, except for the right to vote; no registration fees or membership allowances are paid.
The Board of Directors of the Chamber shall appoint undertakings, organisations or persons having their registered office in the Czechoslovak Republic or abroad if they have shown their willingness to cooperate with the Chamber in carrying out their tasks. The correspondent members shall have all the rights of the actual members, with the exception of the voting rights; no registration fees or membership allowances are paid.
The duties of actual and correspondent members shall be to participate in the work of the Chamber and its sections or commissions. Members who are real have the right to vote. All members have the right to use chamber equipment.
Boards
The authorities of the Chamber shall be the General Assembly, the Board of Directors, the Chairman, Vice-Presidents, the Secretary-General and the Review Commission.
(1) General meetings are regular and extraordinary.
(2) The ordinary general meeting shall be convened by the Chairman or his Vice-President once a year to discuss the annual report and other items of the programme to be submitted to it.
(3) The Extraordinary General Meeting may be convened to deal with matters falling within the competence of the Chamber and which are not subject to a delay. It shall be convened by the President or his Vice-President on the request of a review committee or one fifth of the members of the Chamber.
(4) At the request of at least 20 members of the Chamber, questions to be decided by the General Assembly shall be included on the agenda of the ordinary or extraordinary general meeting. However, such a request must be submitted to the Board of Directors before the General Meeting is convened.
(5) The General Assembly is capable of a quorum if half the number of actual members has arrived.
The general meeting shall cover:
(a) determine the number of board members and make their choice; carry out the election of the President and his Vice-Presidents, the Secretary-General, the Review Commission and the Honourable Members;
(b) discuss the Board's report on the chamber's activities;
(c) discuss the annual report, the financial report and the report of the review committee;
(d) make proposals to the Minister for Foreign Trade to amend or supplement the provisions on the organisation and management of the Chamber;
(e) to decide on the exclusion of members or on complaints against refusal of membership (Paragraph 6 (2)); and
(f) discuss other questions submitted by the Board of Directors.
(g) issue the status of the Chamber with the approval of the Foreign Trade Minister.
The General Assembly shall act by a simple majority of the members present. In order to decide on a proposal to amend or supplement the provisions on the organisation and management of the Chamber, on the exclusion of members or on a complaint against refusal of admission, a minimum of two-thirds of the members present shall be required.
(1) The Board of Directors shall consist of the President, its Vice-Presidents, the Secretary-General and the members whose number shall be determined by the General Meeting. However, the number of all board members shall not exceed 40 persons. The board is elected for a year.
(2) The members of the Board may be elected by natural persons representing the actual members of the Chamber and proposed by them, as well as significant persons from the national economy, science and culture section. The approval of the Foreign Trade Minister is required for the validity of the election. Such consent may be withdrawn at any time. For the remainder of the term of office, the Board co-opts with the approval of the Foreign Trade Minister for the vacancy of the new board member.
(3) The Board of Directors shall be qualified to act if at least half of the members are present.
(4) All matters which do not fall within the competence of the General Assembly or the Chair shall fall within the competence of the Board of Directors. The Board of Directors shall, in particular:
(a) discuss within the scope of the Chamber the conditions for the prospective development of Czechoslovak foreign trade;
(b) ensure that the tasks of the Chamber are carried out and coordinate the implementation of major actions;
(c) to take care of the development of promotion by passing on experience, by informing on new forms of promotion, by ensuring cooperation between the various components of foreign trade, by coordinating promotion plans and promotion actions, etc.;
(d) discuss the participation of individual foreign trade enterprises in trade fairs and exhibitions in both domestic and foreign countries, coordinate sector-wide trade fair events, ensure the conditions for the success of exposures, determine the ideal and economic content of exposures and approve overall exhibition scenarios in terms of ideas, political and economic and commercial as well as evaluate organised fairs and exhibitions;
(e) issue, by the approval of the Minister for Foreign Trade, the Rules of Procedure of the Chamber containing detailed provisions on the activities of the Chamber.
The immediate conduct of matters and the day-to-day work of the Chamber shall belong to the President. If he is busy, he shall be represented with the same authority as his Vice-Presidents in the order in which they were elected.
The Secretary-General shall be Head of the Chamber Secretariat. It shall ensure, as directed by the President or his Vice-Presidents, the holding of general meetings and meetings of the Board of Directors, as well as all other tasks assigned to it by the Chair or the Board of Directors.
The President, its Vice-Presidents and the Secretary-General need not be elected from among the persons representing the actual members of the Chamber. The approval of the Foreign Trade Minister shall be required for the validity of their choice. Such approval may be revoked at any time during the term of office.
The Chamber shall be represented and signed by the Chairman or under his authority by any of its Vice-Presidents or by the Secretary-General who may delegate their powers in respect of the powers referred to in Article 3 (1) (f), with the approval of the Board, in whole or in part to the staff of the Chamber.
The General Assembly shall elect a review committee for a period of one year, composed of three members who are not members of the Board. The Revision Committee shall carry out an inspection of the activities of the Chamber, in particular its management.
Sections, Advisory Councils and Commissions
(1) The Board of Chambers may establish sections within the Chamber to discuss essential tasks which fall within the competence of the Chamber.
(2) The Section is composed of members of the Chamber called upon by the Board of Directors.
(3) The scope of the sections and the way in which they work are determined by their regulations, approved by the Board of Directors. The resolutions of the sections shall be submitted to the Board of Directors for approval.
(1) The Chair of the Chamber may, following the hearing of the Board of Directors, set up permanent advisory bodies on specific issues falling within the competence of the Chamber, in particular for promotions concerning ideas, art and technology.
(2) The Advisory Board shall be composed of experts, in particular on matters of economic and cultural promotion, appointed by the Chair of the Chamber. Membership may be revoked at any time.
(3) The method of working in the Advisory Councils determines their rules, approved by the Board of Directors. The decisions adopted by the Advisory Councils shall be of the nature of recommendations.
(1) The President may set up a temporary commission to discuss individual questions which fall within the competence of the Chamber, with the participation of members of the Chamber and representatives of undertakings, organisations or individuals called upon by him.
(2) The Board may invite experts to its meetings, as appropriate, who it considers necessary to participate in the examination of the issue.
Chamber management
(1) The Chamber is an economic organisation. its management is governed by a plan which is part of the foreign trade plan.
(2) The Chamber operates under the budget approved by the Ministry of Foreign Trade. Specific rules apply to the financing, financial management and monetary control of the chamber.
(1) The revenue of the Chamber consists of:
(a) registration and annual contributions;
(b) fees for acts and services provided by the Chamber, determined according to the actual costs and the complexity of the case or the required execution, as well as the revenue from the publication; and
(c) other revenue.
(2) The amount of the registration fees, the membership allowances and the tariffs for the operations and services referred to in paragraph 1 (b) shall be determined by the Board with the agreement of the Foreign Trade Minister.
Arbitration
(1) In order to resolve disputes in trade between Czechoslovak legal persons, on the one hand, and foreign persons, undertakings, institutes and organisations, on the other hand, and, where this is not excluded under the applicable rules, between Czechoslovak legal persons, on the other hand, and, finally, between foreign legal entities, on the other hand, the permanent independent Arbitration Court shall act in the Chamber. Its activities shall not be subject to the approval of the Ministry of Foreign Trade pursuant to Section 4.
(2) The arbitration panel shall decide each dispute through independent arbitrators elected by the Parties.
(3) The arbitration panel shall issue its order with the approval of the Foreign Trade Minister who shall declare it.
Transitional and final provisions
The Order of Foreign Trade and Interior Ministers No 205 / 1952 Ú. l., on the organisation of the Czechoslovak Chamber of Commerce, Decree of the Foreign Trade Minister No 268 / 1953 Ú. l., on the extension of the scope of the Czechoslovak Chamber of Commerce and Decree of the Foreign Trade Minister No 158 / 1955 Ú. l., on the modification of the scope of the Czechoslovak Chamber of Commerce and its organisation is hereby repealed.
This Decree shall take effect from 1 July 1960.
Minister:
Krajčir v. r.
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Regulation Information
| Citation | Decree of the Foreign Trade Minister No. 103 / 1960 Coll., on the jurisdiction of the Czechoslovak Chamber of Commerce and its organisation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.07.1960 |
|---|---|
| Effective from | 01.07.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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