Decree No. 169 / 1989 Coll.

Decree of the Federal Ministry of Finance and the Czechoslovak State Bank implementing the Foreign Exchange Act

Valid Effective from 01.01.1990
169
DECLARATION
Federal Treasury and Czechoslovak State Bank
of 20 December 1989
implementing the Foreign Exchange Act
The Federal Ministry of Finance and the State Bank of Czechoslovakia provides, pursuant to Section 56 of Foreign Exchange Act No. 162 / 1989 Coll. (hereinafter referred to as "the Act"):
§ 1
Reporting obligation
(k § 9 of the Act)
(1) The reporting shall be made in writing by the foreign exchange seal to the competent foreign exchange body. The report shall contain all information relating to its subject matter.
(2) The competent foreign exchange authority (1) may agree with the foreign exchange national - a legal person or an entrepreneur in accordance with the Special Code (1a) (hereinafter referred to as the "entrepreneur"), who are obliged to report, a longer period for fulfilling the reporting obligation.
(3) The obligation laid down by the foreign exchange domestic legal person in Section 9 (5) of the Act does not apply to the foreign exchange monetary institution.
§ 2
Treatment of claims
(to Article 11 of the Act)
The foreign exchange seal may not claim the fulfilment of its claims against foreign exchange aliens by action if the costs of the dispute management would be disproportionate to the amount of the claim or if the positive outcome of the dispute cannot reasonably be expected.
Tender obligations
§ 3
[to Paragraph 12 (1) (a) of the Law]
A foreign exchange seal - a legal person who does not have a range of bidding obligations by means of a binding output of a state economic and social development plan or an foreign exchange plan and an entrepreneur, are obliged to offer a foreign exchange institution for the Czechoslovak currency to purchase 30% of the foreign exchange funds obtained. The relief provided for in Section 12 (2) (b) of the Act is not affected.
§ 4
(to Paragraph 12 (6) of the Act)
(1) Foreign exchange seal - a natural person is entitled to the payment of removal orders issued in accordance with special regulations when performing the tender obligation by selling foreign exchange funds in currencies which are not convertible, 2) if:
(a) savings from foreign travel;
(b) savings from the labour income paid by the Czechoslovak or foreign authorities and organisations to persons seconded to socialist states;
(c) fees.
(2) The exchange rate determined by the Czechoslovak State Bank in accordance with the special regulations shall be used when purchasing the purchase orders for the currency referred to in paragraph 1. (3)
§ 5
(to Article 16 of the Act)
The foreign exchange seal - natural person and foreign exchange seal - legal person, in so far as the church or foundation is concerned, may fulfil the bidding obligation under Section 12 of the Act to purchase goods or services for foreign exchange funds from a domestic legal person authorised to do so under special regulations (4) or to purchase demand vouchers (2).
Subordinated liabilities and payments to foreign exchange strangers
(Articles 23 and 24 of the Act)
§ 6
(1) The foreign exchange seal may also, without the foreign exchange permit, take over the monetary liability to the foreign exchange stranger and pay to its foreign exchange account held in the Czechoslovak currency or abroad, if:
(a) contributions from membership of an international non-governmental organisation if it proves that its membership has been registered by the competent national authority;
(b) unforeseen expenditure linked to the transport or towing of damaged and crashed motor vehicles from abroad to the Czechoslovak state border;
(c) expenditure on necessary medical treatment abroad;
(d) expenditure relating to the death of persons who have died while abroad and their burial abroad, or the transport of the deceased or their remains to the country;
(e) amounts established on the basis of administrative and other decisions of the Czechoslovak authorities or organisations in cases of injury or other harm to health and property damage;
(f) fees for the provision of official documents abroad needed to discuss inheritance, maintenance or pension;
(g) expenditure in kind relating to participation in international festivals, shows, competitions, exhibitions and similar events abroad, provided that such participation has been approved by the competent Czechoslovak authorities;
(h) amounts to be paid by the competent foreign authorities for fines and bonds;
(i) fees for applications for exhibitions of small animals held abroad or compensation for covering purebred animals abroad;
(j) aid to foreign exchange foreigners up to 2000 CZK per year if the foreign exchange seal proves by original documents or certified copies that this is an urgent and socially necessary case. In exceptional cases, this document may be replaced by an affidavit of a foreign exchange domestic,
(k) expenditure on the maintenance of graves abroad;
(l) the rates and customs duties paid to the postal service of the country of destination for postal consignments delivered free of charge and levies;
(m) reimbursement of costs incurred by the handling of requests from the national judicial authority abroad.
(2) The amounts of the salaries referred to in paragraph 1 must be furnished by the foreign exchange seal. In the cases referred to in point (c), confirmation by the competent national medical institution of the necessity of medical intervention, in cases of bail referred to in point (h), by confirmation by the Czechoslovak representative office or the Federal Ministry of Foreign Affairs.
(3) A foreign exchange seal may, without a foreign exchange permit, assume a monetary liability to a foreign exchange alien referred to in paragraph 1 (i), (j), (k) if it results in an obligation to meet it by payment abroad only if it is confirmed by the foreign exchange monetary institution before taking over the obligation that it can purchase the foreign exchange funds necessary to fulfil that obligation with the Czechoslovak currency.
§ 7
A foreign exchange seal may, without a foreign exchange permit, contractually assume a monetary obligation towards a foreign exchange stranger and, in the fulfilment of that obligation, pay domestic foreign exchange foreign exchange in cash or on its foreign exchange account held in the Czechoslovak currency:
(a) for goods or services within the scope of its foreign trade authorisation, 4)
(b) goods purchased in cultural centres and similar commercial establishments of foreign states in the country;
(c) for materials provided or lent by foreign legal and natural persons, where such materials relate to the object of the activity of the domestic legal person, including postal charges for the return of borrowed materials;
(d) for the use of foreign exchange foreign exchange assets by a foreign exchange domestic legal person (e.g. means of transport, room, equipment),
(e) for unused tickets, tickets, petrol vouchers from domestic trips;
(f) the price of lots;
(g) admission fees for performances of foreign ensembles, theatres, circuses and other cultural events organised in the Czech Republic;
(h) prices obtained by participating in sport, cultural and similar competitions held in the country;
(i) the amounts for winnings won in lotteries and betting games approved by the competent Czechoslovak authorities;
(j) consular fees, including visa charges and all ancillary charges, including payment of the final costs;
(k) remuneration on the basis of employment relationship;
(l) scholarships from foreign students studying at universities in the Czech Republic and expenditure linked to internships and study stays of foreign exchange foreigners in the Czech Republic,
(m) reimbursement of expenses in kind to foreign exchange foreigners associated with their participation in international festivals, shows, competitions, exhibitions and similar events organised in the country;
(n) rental from domestic properties of foreign exchange foreigners to rental accounts,
(o) insurance compensation from insurance premiums paid to domestic insurance companies in Czechoslovak currency,
(p) fees for individual articles, translations, reviews, lectures, consultations, expert opinions,
(r) fees paid to performers as remuneration for artistic performance carried out by an authorised organisation and for the contractual use of works within the country, paid to copyright bodies through an authorised legal person;
(s) remuneration for the use of inventions, industrial designs and improvements to their authors or co-authors - foreign exchange foreigners through a legitimate legal person,
(t) for raw materials and repayable packaging offered by a foreign exchange stranger to the competent national organisation.
§ 8
Foreign exchange ink - a natural person can also contractually assume a monetary liability to an foreign exchange foreign exchange stranger without a foreign exchange permit if he can use foreign exchange funds obtained during his foreign stay by winning a lottery or other similar game (e.g. betting games) to fulfil that obligation.
§ 9
(1) Foreign exchange pencil - a natural person can pay for foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange exchange securities, its liabilities to the Czech State savings bank and Slovak State savings bank and to the Czech State insurance company and Slovak State insurance company. A foreign exchange seal - a natural person who has paid for this liability for foreign exchange aliens is not obliged to enforce the consideration of this performance from foreign exchange foreign exchange.
(2) Foreign exchange seal - a natural person may, without a foreign exchange permit, pay the amount collected by the Czechoslovak authorities for the issue of an official certificate and shall not be obliged to recover its consideration from him.
§ 10
Scope and manner of compliance with legal maintenance obligations abroad
(Articles 24 (3) and 40 (3) of the Act)
(1) Foreign exchange seal - a natural person may, without a foreign exchange permit, perform a legal maintenance obligation against a foreign exchange stranger whose amount has not been determined by a judicial decision or a court-approved settlement, up to the consideration of an amount of 1000 CZK per person per month. The conversion of the amount of CZK 1000 shall be carried out at the appropriate rate set for the sale of the foreign exchange exchange in the form of a Czechoslovak State Bank exchange card valid on the date of receipt of the request for transfer abroad. For other currencies, the conversion rates are determined by the Czechoslovak State Bank.
(2) The implementation of the statutory maintenance obligation referred to in paragraph 1 may take place only in a State which is a Contracting Party to an international contract governing the recovery and transfer of maintenance, or in which foreign exchange restrictions on such transfers to the domestic territory or in which such transfers are permitted under reciprocal conditions.
(3) Transfers of maintenance abroad shall be carried out by foreign exchange monetary institutions at the request of the foreign exchange domestic to carry out the transfer. A foreign-exchange seal must prove that the legal maintenance obligation continues. To this end, it shall forward a certificate to the Foreign Exchange Institute through which the transfer is carried out to the Institute for International Law Protection of Youth.
Treatment of claims and other values
(to Section 26 of the Act)
§ 11
Foreign exchange seal - a natural person may, without foreign exchange permit, use his claim abroad against a foreign exchange stranger whose transfer to the country cannot be made on the basis of a foreign law, up to 50% of the amount paid by the foreign monetary institution.
§ 12
A foreign exchange permit shall not be required:
(a) to pay foreign taxes and charges on foreign exchange domestic claims against foreign exchange foreigners;
(b) to pay demonstrable remuneration and expenses to foreign-exchange agents representing foreign-exchange residents when discussing their inheritance, maintenance and pension rights from abroad or when selling their property abroad;
(c) to pay expenses related to the management and maintenance of foreign-exchange domestic property, claims arising abroad from the proceeds of such property, as well as the payment of current interest and repayment of hypothetical loans agreed in accordance with the law;
(d) to pay deposit fees and expenses paid to foreign monetary institutions for the safekeeping and management of securities against claims on their income.
§ 13
A foreign exchange seal - a legal person not covered by the relief provided for in the Act, 5) may, without a foreign exchange permit, write off a claim against a foreign exchange stranger representing in each case a maximum consideration of 50 000 CZK calculated at the rate of the foreign currency concerned by the type of salary at the maturity date of that claim, provided that all legal possibilities for its application and recovery have been exhausted. Paragraph 2 is without prejudice to this.
§ 14
[to Paragraph 28 (2) (b) of the Law]
Expression, 6) that these are not historical coins, they issue the National Museum in Prague, the Moravian Museum in Brno, the Slovak National Museum in Bratislava, the Czech Numismatic Society and the Slovak Numismatic Society.
Export and import of funds in Czechoslovak currency
(to Article 33 of the Law)
§ 15
(1) Foreign exchange seal - a natural person may export funds in Czechoslovak currency up to 500 KCs without a foreign exchange permit abroad.
(2) A foreign exchange foreigner may import into the country without a foreign exchange permit and export funds in Czechoslovak currency up to 100 Kčs from the domestic territory. Under an international agreement without a foreign exchange permit, a foreign exchange alien may import funds in the Czechoslovak currency of more than 100 Kčs, provided that he can prove to the customs authorities by confirming to the bank of his country that he has sold them to him for travel to the country. Up to a maximum of this amount, a foreign exchange alien may export funds in the Czechoslovak currency back to the State of his residence or residence.
(3) A foreign-exchange seal - a natural person who works abroad and an foreign-exchange alien - a natural person who works in a domestic country and crosses a national border for the purpose of employment in border traffic may, without a foreign-exchange permit, export a maximum of 100 CZK per person on condition that he does not use this money abroad and brings it back to the country.
(4) A foreign exchange outsider working long-term in the Czech Republic may, in the case of a trip abroad for the purpose of taking a holiday, for reasons of family, short-term business travel, etc. without a foreign exchange permit, export funds in the Czechoslovak currency of up to 500 CZK, except for the amount referred to in paragraph 2, on condition that they are brought back to the Czech Republic. These funds must be certified by the customs authorities at the time of export.
§ 16
(1) A foreign exchange seal and foreign exchange foreign exchange seal may, without a foreign exchange permit, export in addition to the amounts set out in Section 15 of the Czechoslovak valid silver coins in number of to two pieces from each value, provided that they have been purchased from the State Bank of the Czechoslovak or foreign exchange money institution or from another legal person to whom the authorisation has been granted under special regulations, 7) and provide a confirmation thereof.
(2) The condition for re-importation (Paragraph 33 (4) of the Act) does not apply to the values referred to in paragraph 1.
§ 17
(1) The foreign exchange seal and foreign exchange foreign exchange seal may, without the foreign exchange permit, export to foreign countries a maximum of five annual sets of valid Czechoslovak coins.
(2) The condition for re-importation (Paragraph 33 (4) of the Act) does not apply to the values referred to in paragraph 1.
§ 18
This Decree shall take effect on 1 January 1990.
Minister of Finance of the Czechoslovak Socialist Republic:
Ing. Klaus CSc.
Chairman of the Czechoslovak State Bank:
Ing. Diving v. r.
1) Article 7 of the Act.
1a) Act No. 105 / 1990 Coll., on the Private Business of Citizens.
2) Decree of the Federal Ministry of Foreign Trade and the Federal Ministry of Finance No. 8 / 1981 Coll., on PZO Tuzex removal orders.
3) Act No. 130 / 1989 Coll., on the State Bank of Czechoslovakia.
4) Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, as amended (Act No. 184 / 1988 Coll.).
5) Paragraph 3 of this Decree does not apply to taxes and charges in accordance with the applicable regulations levied or deducted in foreign currency. These foreign-exchange instruments are not subject to the obligation to tender because they are to be entered in the relevant budget in the currency in which they are collected, if any, if any.
6) Paragraph 28 (2) (b) of the Act.
7) Act No. 158 / 1989 Coll., on banks and savings banks.

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Regulation Information

CitationDecree of the Federal Ministry of Finance and the State Bank of Czechoslovakia No. 169 / 1989 Coll., implementing the Foreign Exchange Act
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation28.12.1989
Effective from01.01.1990
Effective until-
Status Valid
The regulation text is for informational purposes only.
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