Decree of the Foreign Trade Minister No. 136 / 1968 Coll.
Decree of the Foreign Trade Minister on representation of foreign enterprises in the Czechoslovak Socialist Republic in the conduct of foreign trade
Valid
Effective from 16.10.1968
136
DECLARATION
Minister for Foreign Trade
of 24 September 1968
on representation of foreign enterprises in the Czechoslovak Socialist Republic in the conduct of foreign trade
The Minister of Foreign Trade pursuant to § 2 of Act No. 119 / 1948 Coll., on the State Organisation of Foreign Trade and International Sailing and in agreement with the Minister of Finance pursuant to § 7a (2) of Act No. 107 / 1953 Coll., on the Foreign Exchange Economy as resulting from Act No. 64 / 1958 Coll., provides:
(1) The representation of foreign companies in the Czechoslovak Socialist Republic in the conduct of foreign trade in the Czech Republic can only be taken over and carried out by Czechoslovak socialist organisations on the basis of authorisation for foreign representative activities.
(2) The authorisation for foreign representative activities is granted by the Ministry of Foreign Trade at its request in cooperation with the Ministry of Commerce of the Czech Republic or the SSR responsible for the applicant's headquarters. *) The decision to grant authorisation takes into account the needs of Czechoslovak foreign trade policy and the possibility of organising foreign representative activities in accordance with the interests of the Czechoslovak economy.
The subject of the representation of foreign undertakings shall in particular be:
- providing information to Czechoslovak organisations on the characteristics of products, the nature of services and works and the industrial rights of foreign enterprises, and on delivery, price and payment conditions,
- to promote the represented foreign enterprise and organise its participation in exhibitions and fairs in the Czechoslovak Socialist Republic, but only in connection with other representative activities,
- mediation in connection with the conclusion of supply contracts between a foreign company and the relevant domestic organisation authorised to conduct foreign business,
- mediation in the framework of contracts for the provision of technical services and services (including guarantee repairs) under contracts for the supply of goods,
- the provision of technical services and services (including guarantee repairs) to products imported by organisations authorised to do business abroad and with its consent,
- the setting up of conformity stores for products of a foreign enterprise.
The foreign representative activity does not entitle imports or exports of goods, including imports into the consignation warehouse. *)
(1) Individual contracts for the representation of foreign enterprises are submitted by authorised Czechoslovak socialist organisations to the Ministry of Foreign Trade, which approves them in cooperation with the Ministry of Trade of the Czech Republic or the SSR responsible for the applicant's headquarters. Czechoslovak Socialist organisations which have been granted an authorisation pursuant to § 1 shall not engage in any activity under it prior to the approval of the individual representation agreements. Therefore, the Czechoslovak Contracting Party must negotiate with a foreign enterprise that granting such approval is a condition for the validity of each representation agreement. At the same time, registration is granted in accordance with the Foreign Exchange Economic Act for acceptance of an undertaking in proportion to abroad. *)
(2) The contracts for the representation of foreign undertakings which have already been concluded until the date of issue of this decree must be submitted to the Ministry of Foreign Trade for registration within 30 days of the date on which the decree became effective.
(1) The Ministry of Foreign Trade may, in cooperation with the Ministry of Trade of the Czech Republic or the SSR, refuse approval of the contract if it is not in line with the interests of Czechoslovak foreign trade policy. In doing so, it shall examine in particular the proportionality of the remuneration rates, the extent of representation and the commercial political aspects of the contract concerned. It may also refuse approval if the content of the contract does not comply with foreign trade rules or foreign exchange regulations. The Ministry of Foreign Trade may withdraw approval in cooperation with the Ministry of Trade of the Czech Republic or the SSR if the implementation of the representative agreement is contrary to foreign trade regulations or foreign exchange management regulations.
(2) If the organisation carries out a foreign representative activity contrary to the interests of the Czechoslovak foreign trade policy or the Czechoslovak economy or violates the regulations referred to in paragraph 1, it may be withdrawn by the Ministry of Foreign Trade or the SSR.
Pending the new legal regulation of the Czechoslovak Socialist Republic, the method of cooperation with the competent national authorities will be adapted by a separate agreement of the Ministry of Foreign Trade with these authorities.
This decree shall take effect on the day of its publication.
Minister:
Valeš v. r.
*) The authorisation to carry out imports or exports of goods is governed by Decree of the Foreign Trade Minister No. 121 / 1968 Coll., on Foreign Trade Authorisation.
*) § 6 (6b) of Act No. 107 / 1953 Coll., on Foreign Exchange Economy, as amended by Act No. 64 / 1958 Coll. and § 24 (1) of Decree of the Ministry of Finance and the Ministry of Foreign Trade No. 6 / 1963 Coll., on the Foreign Exchange Economy Act.
*) The jurisdiction of the Ministry of Foreign Trade in matters governed by this Decree is based on the same grounds as those arising from the provisions of § 4a of Decree No 164 / 1969 Coll., amending and supplementing Decree No 121 / 1968 Coll.
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Regulation Information
| Citation | Decree of the Foreign Trade Minister No. 136 / 1968 Coll., on the Representation of Foreign Enterprises in the Czechoslovak Socialist Republic in Doing Foreign Trade |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.1968 |
|---|---|
| Effective from | 16.10.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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