Communication from the Ministry of Foreign Affairs No. 239 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Australia on commercial and economic cooperation
Valid
International Treaty
Effective from 08.07.1997
Text versions:
30.09.1997
239
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Agreement between the Government of the Czech Republic and the Government of Australia on commercial and economic cooperation was signed in Canberra on 20 March 1997.
The Agreement entered into force on 8 July 1997 on the basis of Article 11 (1) thereof. The Trade Agreement between the Czechoslovak Socialist Republic and the Australian Community of 16 May 1972, published under No 129 / 1973 Coll.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech Republic and the Government of Australia
on trade and economic cooperation
Government of the Czech Republic and Government of Australia, hereinafter referred to as "Contracting Parties',
led by the desire to promote and expand mutually beneficial trade and economic cooperation between the two States,
having regard to its international rights and obligations, including those arising from membership of the World Trade Organisation (WTO),
agree as follows:
The Parties shall, in accordance with the laws of their States, take all appropriate measures to facilitate, consolidate and diversify trade and economic cooperation between the two States relating to traditional and possible future exports, including trade in goods and services, in order to develop mutually beneficial trade continuously.
In order to promote the objectives referred to in Article 1 of this Agreement, both Parties shall promote and facilitate:
(a) the negotiation and conclusion of trade contracts between legal and natural persons of both States;
(b) the development of economic, industrial and technical cooperation between legal and natural persons of both States;
(c) the mutual exchange of trade and technical representatives, groups and delegations between the two States;
(d) the organisation and participation of legal and natural persons of the other Party in trade fairs, trade exhibitions and other supporting activities in the field of trade and technology carried out in each State;
(e) the participation of SMEs in commercial and industrial cooperation; and
(f) promoting economic cooperation on third markets, in particular through the exchange of information.
Trade between the two States will take place on the basis of the most-favoured-nation clause and in accordance with other rights and obligations arising from their membership of the World Trade Organisation, in accordance with the provisions of GATT 1994 (General Agreement on Tariffs and Trade as set out in Annex 1A to the WTO Agreement, as amended by possible future adaptations, supplements or amendments) and in accordance with multilateral agreements negotiated within the WTO, to which both States are parties.
The provisions of Article 3 shall not apply to preferences and advantages granted by any Contracting Party in accordance with any agreement or arrangement forming or leading to the establishment of a free trade or customs union; or provided to neighbouring countries to facilitate border traffic; or on the basis of any other preferential system which permits agreements and related WTO legal instruments.
In order to promote and facilitate the activities referred to in Article 2 The Parties shall encourage legal and natural persons to pay due attention to the protection of intellectual property in commercial contracts. The Parties are fully aware of the obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights negotiated within the WTO.
Each Contracting Party shall, in accordance with the applicable law of its State, exempt products exhibited at trade fairs and exhibitions as well as samples of goods for promotional purposes imported from the other Contracting Party. Such products and samples may not be released for free circulation in the State to which they are imported without prior authorisation by the competent authorities of that State and payment of the import duties and charges concerned.
Bilateral trade arrangements shall be concluded by legal and natural persons authorised to conduct foreign trade activities and shall comply with the laws in force in both States.
1. Any payments resulting from trade and economic cooperation between the legal and natural persons of both States shall be made in a mutually acceptable freely convertible currency according to the foreign exchange rules in force at the time of payment.
2. The provisions of paragraph 1 shall not prevent the legal and natural persons of both States from entering into other payment arrangements under the laws of the two States in force at the time of the conclusion of such arrangements, by mutual agreement.
The Parties agree to promote and develop close and constructive dialogue to facilitate the development of bilateral trade and economic cooperation. To this end:
(a) The Parties shall promote, and where appropriate facilitate the contact of trade missions with official state officials and trade representatives of both States.
(b) If the Contracting Parties agree, negotiations shall be held between (or at the same time) State representatives or commercial representatives for:
i. discuss the development and expansion of bilateral trade relations;
i. search for possible solutions to any problems that may arise during the development of mutual relations;
;
IV review of the application of this Agreement;
v. the submission and assessment of relevant proposals to recommend to the Contracting Parties the adoption of measures aimed at the dynamic development of trade cooperation;
vi. discuss any questions arising from this Agreement.
All disputes between Contracting Parties relating to the interpretation or implementation of this Agreement shall be dealt with without undue delay by means of friendly consultations and negotiations.
1. The Agreement shall enter into force on the date of a later notification by the Contracting Parties to each other that the legal and other procedures necessary for the entry into force of the Agreement have been completed.
The Agreement shall remain in force for a period of five years. The Agreement shall then remain in force until six months after the date on which one of the Contracting Parties receives a written notice of termination from the other Contracting Party.
1. In the event of the termination of this Agreement pursuant to Article 11, the provisions of the Agreement shall continue to apply to outstanding obligations arising from contracts concluded during the period of validity of this Agreement until their fulfilment.
2. Amendments and additions to this Agreement or termination of this Agreement shall in no way affect contracts previously concluded between legal and natural persons of both States.
The Trade Agreement between the Czechoslovak Socialist Republic and the Australian Union, negotiated in Canberra on 16 May 1972, will cease to apply on the date of entry into force of this Agreement.
They have signed this Agreement to prove the undersigned duly empowered by the respective governments.
Done at Canbera, 20 March 1997, in two original copies, each in Czech and English, the two texts being equally authentic.
For the Government
Czech Republic:
JUDr. Pavel Dvořák v. r.
Deputy Minister for Industry and Trade
For the Government
Australia:
David Brownhill v. r.
Parliamentary Secretary for Trade, Industry and Energy
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 239 / 1997 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Australia on Commercial and Economic Cooperation |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1997 |
|---|---|
| Effective from | 08.07.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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