Communication from the Ministry of Foreign Affairs No. 173 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Trade Agreement between the Government of the Czech Republic and the Government of the Republic of India
Valid
Effective from 15.03.1993
173
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that a Trade Agreement between the Government of the Czech Republic and the Government of the Republic of India was signed in New Delhi on 15 March 1993.
The Agreement entered into force on 15 March 1993 pursuant to Article 12 thereof. The Trade and Payment Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Republic of India of 17 January 1991 was not extended, which expired on 31 December 1992.
The Czech translation of the agreement is announced simultaneously. The English version of the Agreement, which is relevant for its interpretation, can be consulted at the Ministry of Foreign Affairs and the Ministry of Industry and Trade.
TRADE AGREEMENT
between the Government of the Czech Republic and the Government of the Republic of India
Government of the Czech Republic and Government of the Republic of India, hereinafter referred to as the "Contracting Parties',
stating with satisfaction the successful development of economic and trade relations; and
led by the desire to achieve a further increase in trade and to expand its structure and further development and to strengthen economic cooperation between the two countries,
agree as follows:
The Parties shall, in accordance with their respective laws and regulations, promote trade and economic cooperation between the two countries on a long-term and stable basis.
(a) The Contracting Parties shall grant each other the most-favoured-nation clause for customs duties and charges of any kind imposed on, or in connection with, imports and exports or imposed on the international transfer of payments for imports and exports, including all import and export-related rules and formalities.
(b) The Contracting Parties shall grant each other no less favourable treatment than that accorded to any other country in respect of import and export licences or authorisations where such licences or authorisations provide for their regulations.
(c) The Contracting Parties shall grant each other treatment under the most favoured nation clause as regards:
(I) all internal taxes or other internal charges of any kind imposed on or in connection with imports and exports; and
(II) the laws, regulations and requirements governing the internal sale of imported or exported goods.
(d) Any advantage, priority, privilege or exemption granted by one of the Contracting Parties to any product originating in or destined to the territory of a third country shall be granted immediately and unconditionally to the same product originating in or intended for import into the territory of one of the countries.
However, Article 2 shall not apply to the grant or continuation of any:
(a) benefits granted by one of the Contracting Parties to neighbouring countries in order to facilitate border traffic;
(b) the advantages or advantages granted by one of the Contracting Parties to any country, if they existed on the date of conclusion of the existing agreement, or a substitute for those advantages or advantages that existed before 10 April 1947;
(c) the advantages or advantages provided under any agreement on the development of trade and economic cooperation between developing countries which is open to developing countries and which is or may become a party to it,
(d) the advantages and preferences resulting from the customs union and / or free trade area in which one of the Contracting Parties is or may become a party.
Trading vessels, whether or not carrying cargo, of both countries shall enjoy the highest benefits on entry, residence or departure from a port of the other country, provided in accordance with their laws, directives and regulations to ships flying the flag of third countries. However, this principle will not apply to coastal vessels.
Imports and exports of goods and services shall be carried out in accordance with the laws and regulations in force in both countries, international commercial practices and on the basis of contracts concluded between natural and legal persons of both countries.
None of the Parties shall be liable for the obligations of natural and legal persons arising from such commercial transactions.
The Parties agree to encourage and promote close cooperation between natural and legal persons referred to in Article 5 of this Agreement, through direct contacts, the establishment of joint ventures, the organisation of trade fairs and exhibitions in the territory of the country concerned, including the organisation of specialised exhibitions and the provision of information in all spheres of commercial and economic cooperation.
The Parties agree to promote mutual trade by identifying new areas of economic cooperation, developing and using resources and production facilities efficiently on a mutually advantageous basis within the territory of both Parties.
In order to facilitate the implementation of this Agreement, the Contracting Parties agree to establish: The Joint Committee shall be composed of representatives of both Parties. The activities of the Joint Commission will include:
(a) evaluation of the state of implementation of this Agreement;
(b) identifying possibilities for increasing and expanding mutual trade and economic relations between states;
(c) the submission and assessment of proposals to recommend to the Parties measures for the dynamic development of trade and economic cooperation.
The Joint Committee shall meet once a year alternately in the capitals of both countries or whenever the Parties agree.
All commercial and non-commercial payments between natural and legal persons of both countries shall be made in freely convertible currencies with effect from 1 January 1993.
Natural and legal persons from both countries shall not be prevented from importing and exporting goods and services on the basis of binding trade, compensatory arrangements, leasing and repurchase arrangements or any other internationally recognised form of commercial cooperation in accordance with the laws and regulations of both countries.
Notwithstanding the provisions of Article 9 of this Agreement, all payments resulting from export / import contracts and agreements and all other contracts / agreements concluded before 31 December 1992 shall continue to be made in non-convertible Indian rupees in accordance with Article 13 of the Trade and Payment Agreement of 17 January 1991 between the Republic of India and the Czech and Slovak Federal Republic. The arrangements for such payments are set out in the Liquidation Protocol concluded separately between the Contracting Parties, which will form an integral part of this Agreement. The rupees balance will be used for export payments for mutually agreed goods and services from the Republic of India to the Czech Republic.
This Agreement shall enter into force on the date of signature and shall remain in force for a period of five years.
If either Contracting Party has not printed the other in writing on its intention to terminate the existing Agreement six months before the expiry of the above five-year period, it shall automatically be deemed to be extended for a further year subject to the same procedure in connection with its termination for the subsequent period of each individual year.
This Agreement may be amended or supplemented by the mutual consent of the Contracting Parties.
Following the entry into force of this Agreement, the Trade and Payment Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Republic of India of 17 January 1991, which expired on 31 December 1992, will not be extended.
Done and signed in New Delhi on 15 March 1993 in two originals in English, identical.
For the Government of the Czech Republic:
Vladimir Long v. r.
For the Government of the Republic of India:
Pranab Mukherjee v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 173 / 1993 Coll., on the negotiation of the Trade Agreement between the Government of the Czech Republic and the Government of the Republic of India |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.1993 |
|---|---|
| Effective from | 15.03.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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