Full text of Act No. 184 / 1988 Coll.
Act on Economic Relations with Foreign Affairs (full text, as shown by amendments and additions)
Valid
Contents
ČÁST I
§ 1
§ 2
§ 3
ČÁST II
HLAVA 1
§ 4
§ 5
HLAVA 2
Oddíl 1
§ 6
Oddíl 2
§ 7
§ 8
§ 9
Oddíl 3
§ 10
§ 11
§ 12
§ 12a
Oddíl 4
§ 13
§ 13a
§ 14
§ 15
Oddíl 5
§ 16
HLAVA 3
Oddíl 1
§ 17
Oddíl 2
§ 18
§ 19
Oddíl 3
§ 20
§ 21
§ 22
HLAVA 4
§ 23
§ 24
§ 25
§ 26
§ 26a
§ 27
§ 28
HLAVA 5
§ 29
§ 30 - zrušen
§ 31
§ 32 - zrušen
HLAVA 6
§ 33
§ 34
§ 35
§ 36
ČÁST III
§ 37
§ 38
§ 39
ČÁST IV
§ 40
§ 41
§ 42
ČÁST V
HLAVA 1
§ 43
§ 44
§ 45
§ 46
HLAVA 2
§ 47
§ 48
HLAVA 3
§ 49
§ 50
§ 51
ČÁST VI
§ 52
§ 53
§ 54
ČÁST VII
HLAVA 1
§ 55
§ 56
HLAVA 2
§ 57
ČÁST VIII
§ 58
§ 59
§ 60
§ 61
§ 62 - zrušen
§ 63
§ 63a
§ 64
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184
_
Announces
the full text of the Act of 10 April 1980 No 42 Coll., on Economic Relations with Foreign Affairs, as is apparent from the amendments and additions made by the Law of 16 June 1988 No 102 Coll.
THE LAW
on economic relations with foreign countries
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
This law governs
organisation, management and control of foreign economic activities and define its forms;
the establishment of a commercial representative of foreign persons in the territory of the Czechoslovak Socialist Republic,
the establishment of organisational units of Czechoslovak legal entities abroad,
the position of trade and industrial chambers in the territory of the Czechoslovak Socialist Republic and their tasks,
non-commercial exports and imports,
protection of the commercial political interests of the Czechoslovak Socialist Republic; and
define the competence of central authorities in this field.
The central authorities cooperate with each other in the exercise of their powers under this law to ensure the implementation of state economic policy and to protect the commercial political interests of the Czechoslovak Socialist Republic in accordance with the obligations arising from the international legal relations of the Czechoslovak Socialist Republic.
For the purposes of this Act:
(a) Czechoslovak persons are legal persons having their registered office and natural persons residing in the territory of the Czechoslovak Socialist Republic; foreign persons means other legal and natural persons;
(b) service means the performance of an undertaking the object of which is an economic activity provided for remuneration; the service is not an activity provided on the basis of an employment relationship.
(c) - cancelled.
FOREIGN ECONOMIC ACTIVITIES
BASIC PROVISIONS
Foreign economic activity under this law has the following forms:
(a) foreign business activities (§ 6);
(b) foreign economic services (§ 17);
(c) production specialisation and production cooperation with foreign countries (Section 23);
(d) scientific and technical cooperation with abroad (§ 29);
(e) the treatment of rights to inventions, designs and trade marks (hereinafter referred to as "industrial rights") in relation to abroad (§ 33).
(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 in this Act develop in accordance with the needs of the national economy of the Czechoslovak Socialist Republic and in accordance with international treaties binding on the Czechoslovak Socialist Republic and extending the involvement of Czechoslovak people in appropriate forms in the international division of labour.
FOREIGN COMMERCIAL ACTIVITIES
Definition of foreign business activities
(1) Foreign trade includes for Czechoslovak persons:
(a) the export of goods from the Czechoslovak Socialist Republic and the import of goods to the Czechoslovak Socialist Republic for sale or use in production or in the provision of services (commercial exports and imports);
(b) purchase of goods and its direct sale abroad without import to the Czechoslovak Socialist Republic;
(c) the provision of services to foreign persons within the territory of the Czechoslovak Socialist Republic, except for the direct satisfaction of the personal needs of natural persons or similar needs of legal persons for the Czechoslovak currency;
(d) the provision of services abroad;
(e) the admission of services from foreign persons, with the exception of services received by Czechoslovak natural persons to meet personal needs;
(f) the sale of goods and services on the territory of the Czechoslovak Socialist Republic for foreign exchange facilities;
(g) brokering activities carried out for Czechoslovak persons in contact with foreign persons;
(h) carrying out an impartial check under contract for the purpose of issuing a control certificate for goods delivered or services supplied in international trade; 4)
(i) the provision of transport of goods (consignments) by all types of means of transport and related activities where the place of departure or destination or both are outside the territory of the Czechoslovak Socialist Republic;
(j) seagoing operations.
(2) Foreign trade includes:
(a) export of goods from the Czechoslovak Socialist Republic and import of goods to the Czechoslovak Socialist Republic for sale or use in production or in the provision of services (commercial exports and imports);
(b) the provision of services in the territory of the Czechoslovak Socialist Republic;
(c) the sale of goods on the territory of the Czechoslovak Socialist Republic, unless it is carried out only between foreign persons;
(d) carrying out an impartial check on the basis of a contract within the territory of the Czechoslovak Socialist Republic for the purpose of issuing a certificate of inspection.
(3) Foreign trade activities are also negotiations on the conclusion of contracts concerning the activities referred to in paragraphs 1 and 2, as well as the promotion of these activities by Czechoslovak legal persons abroad and by foreign persons in the territory of the Czechoslovak Socialist Republic.
(4) The activities referred to in paragraphs 1 and 3 shall also be carried out abroad in trade.
a) Czechoslovak film and Czechoslovak television;
b) Czechoslovak Press Office except for the provision and delivery of news material under contracts. 5)
(5) Foreign trade does not include:
(a) the import and export of values and trade by foreign exchange means provided for in the rules on foreign exchange economy (6), with the exception of gold, intended for production consumption or technical purposes;
(b) the activities carried out by the Czechoslovak State Bank under the special legislature (7) and by the monetary institutions and organisations entrusted by the Czechoslovak State Bank with certain tasks assigned to it by the law;
(c) the provision and reception of legal assistance in the field of advocacy; 8)
(d) the activities of experts and interpreters carried out under a special law; 9)
(e) imports of goods carried out by Czechoslovak natural persons for the purpose of carrying out their authorised economic activity in the territory of the Czechoslovak Socialist Republic; 9a)
(f) the provision and reception of services in the areas referred to in Article 17.
Authorisation of foreign trade activities
(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, for 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 authorisation under the conditions and to the extent set out in the implementing rules issued pursuant to Article 9.
(1) The authorisation for foreign trade is 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. Other persons may be granted permission by the Federal Ministry of Foreign Trade 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.
(3) The Federal Ministry of Foreign Trade will restrict or withdraw the authorisation for foreign trade if the Czechoslovak legal person or foreign person who has been granted the authorisation repeatedly or seriously infringes 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 an authorisation if the circumstances applicable to its granting pursuant to paragraph 2 have changed.
(4) The granting, modification and withdrawal of an authorisation for foreign business shall be registered with the Czechoslovak legal entities registered in that register.
The Federal Ministry of Foreign Trade shall adapt 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.
Management and control of foreign trade activities
(1) Czechoslovak legal persons entitled to foreign trade activities, which are socialist organisations, are pursuing foreign trade activities in accordance with the needs of the Czechoslovak national economy and the international treaties by which the Czechoslovak Socialist Republic is bound, and also in the cultural area in accordance with the cultural political interests of the Czechoslovak Socialist Republic.
(2) Czechoslovak legal persons shall be obliged to deal with the Czechoslovak legal persons referred to in paragraph 1 in such a way as to enable them to fulfil their obligations.
(3) Czechoslovak legal persons and foreign persons carrying out control activities under a contract [Paragraph 6 (1) (h) and (2) (d)] are required to carry out control of goods and services in an impartial manner and to issue an inspection certificate corresponding to the outcome of the check. Official measures, orders or legal acts limiting the impartiality of carrying out such a check shall be invalid.
The Federal Ministry of Foreign Trade, together with the Federal Ministry of Finance, shall, in an agreement with the Central Bank of Czechoslovakia and the competent central authorities of the Republics, lay down the legal form and conditions for the sale of goods and the provision of services by Czechoslovak legal persons for foreign exchange funds in the territory of the Czechoslovak Socialist Republic.
(1) The Federal Ministry of Foreign Trade directs foreign trade by generally binding legislation issued under this Act, customs and in cooperation with the relevant central government bodies and other economic instruments within its competence. 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 under the generally binding legislation referred to in paragraph 3.
(3) The Federal Ministry of Foreign Trade shall, by means of a generally binding law, amend the details of the legal scope and content, implementation and control of the foreign trade activities of Czechoslovak legal persons and foreign persons authorised for such activities or which may carry out such activities without authorisation (§ 7 (2)).
(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).
Foreign trade enterprises
(1) The foreign trade undertaking is a legal entity established to conduct a foreign trade activity which is responsible for the breach of its obligations and other obligations by its own property.
(2) The foreign trade undertaking is not liable for the obligations of the State or of other legal entities, and the State and other legal entities are not liable for the obligations of the foreign trade undertaking; This shall be without prejudice to any liability arising in accordance with the relevant provisions.
(3) Foreign trade undertakings are set up by the Federal Ministry of Foreign Trade after consulting the competent 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. The eligibility of a foreign trade undertaking to acquire rights and undertake to acquire rights arises on the date of registration in the company register.
The foreign trade company 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.
(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 undertaking, consisting of workers who work in a foreign trade undertaking and, where appropriate, 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 property of foreign trade enterprises by the Czechoslovak general law.
(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) The provisions of Sections 12, 13 (2), 14, 17 and 21 to 23 of the State Enterprise Act apply mutatis mutandis to the foreign trade undertaking.
Foreign purpose trading organisations
(1) In order to ensure the development and implementation of foreign trade activities, in particular to concentrate certain professional activities, the Foreign Trade Minister of the Czechoslovak Socialist Republic establishes and abolishes special purpose foreign trade organisations.
(2) General rules on state organisations apply mutatis mutandis to the establishment, transfer, merger, distribution and cancellation of special-purpose foreign trade organisations.
FOREIGN ECONOMIC SERVICES
Definition of foreign economic services
(1) Foreign economic services include services in the field of the pursuit of international transport by rail, air, road, river and inland waterway, with the exception of the provision of transport of mail, in the fields of connections, culture, education, insurance, health, except spa treatment, funeral services and in the field of banking, provided that:
(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 Republic; 10)
(b) the issue of transport documents by Czechoslovak railway carriers when transporting by foreign rail carriers and by Czechoslovak air carriers when transporting by foreign air carriers.
(3) For the purposes of this Act, inland shipping means sea and river transport by the same ship.
Authorisation of foreign economic services
(1) Foreign economic services may only be provided by:
(a) Czechoslovak legal persons established for that purpose;
(b) other Czechoslovak legal persons and foreign persons on the basis and within the limits of the authorisation granted, unless such authorisation is not required.
(2) No authorisation to provide foreign economic services is required,
(a) if foreign economic services are provided under a law or an international agreement binding on the Czechoslovak Socialist Republic;
(b) in other cases where, in the interests of the national economy of the Czechoslovak Socialist Republic, it is not appropriate to bind the provision of foreign economic services to the granting of authorisations under the conditions and to the extent laid down in the implementing rules issued pursuant to Paragraph 22.
(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) applies mutatis mutandis to the granting, modification and withdrawal of authorisation to provide foreign economic services.
Management and control of foreign economic services
(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 cultural, also in accordance with the cultural political interests of the Czechoslovak Socialist Republic.
(2) Czechoslovak legal persons may provide foreign economic services related to the export of goods from the Czechoslovak Socialist Republic or the import of goods to the Czechoslovak Socialist Republic only under the conditions and to the extent laid down in the implementing provisions issued pursuant to Paragraph 22.
(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 § 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. Conditions, scope and content and control of foreign economic services provided by other Czechoslovak legal entities and by foreign persons authorised or authorised (§ 18 (2)).
PRODUCTION SPECIFICATION AND INDUSTRY COOPERATION WITH FOREIGN
(1) Production specialization with foreign under this law are the following activities carried out between Czechoslovak persons and foreign persons:
(a) the mutual distribution of production programmes concerning certain goods for the purpose of producing its individual species by individual interested parties;
(b) the cessation or restriction of the production of certain goods by one or more interested parties for the purpose of its concentration with one or more other interested parties.
(2) Production co-operation with abroad under this Act are the following activities carried out between Czechoslovak persons and foreign persons:
(a) cooperation in the manufacture of certain goods on the basis of the division of the production process or part thereof in order to complete it with one or more interested parties;
(b) cooperation in research and development concerning the joint production of certain goods or parts thereof on the basis of the distribution of research or development work to benefit from their results by all interested parties.
Production specialisation and production cooperation with foreign countries shall take place in particular in order to improve the efficiency and technical improvement of products on a long-term basis in accordance with the concept of development of the relevant industry or industry.
(1) Production specialization or production cooperation with foreign countries can only take place under contract.
(2) Only Czechoslovak legal persons may conclude a production specialisation or production cooperation agreement with foreign countries and its object may be extended only by Czechoslovak legal persons on the basis and within the limits of the authorisation granted or on condition that the contract is valid only after the authorisation has been granted under Paragraph 26, unless the authorisation is not required.
Contents
ČÁST I
§ 1
§ 2
§ 3
ČÁST II
HLAVA 1
§ 4
§ 5
HLAVA 2
Oddíl 1
§ 6
Oddíl 2
§ 7
§ 8
§ 9
Oddíl 3
§ 10
§ 11
§ 12
§ 12a
Oddíl 4
§ 13
§ 13a
§ 14
§ 15
Oddíl 5
§ 16
HLAVA 3
Oddíl 1
§ 17
Oddíl 2
§ 18
§ 19
Oddíl 3
§ 20
§ 21
§ 22
HLAVA 4
§ 23
§ 24
§ 25
§ 26
§ 26a
§ 27
§ 28
HLAVA 5
§ 29
§ 30 - zrušen
§ 31
§ 32 - zrušen
HLAVA 6
§ 33
§ 34
§ 35
§ 36
ČÁST III
§ 37
§ 38
§ 39
ČÁST IV
§ 40
§ 41
§ 42
ČÁST V
HLAVA 1
§ 43
§ 44
§ 45
§ 46
HLAVA 2
§ 47
§ 48
HLAVA 3
§ 49
§ 50
§ 51
ČÁST VI
§ 52
§ 53
§ 54
ČÁST VII
HLAVA 1
§ 55
§ 56
HLAVA 2
§ 57
ČÁST VIII
§ 58
§ 59
§ 60
§ 61
§ 62 - zrušen
§ 63
§ 63a
§ 64
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Regulation Information
| Citation | Full text of Act No. 184 / 1988 Coll., Act on Economic Relations with Foreign Affairs (full text as shown by amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1988 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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