Communication from the Federal Ministry of Foreign Affairs No 241 / 1990 Coll.

Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the establishment and operation of the Cultural and Information Centre of the Czechoslovak Socialist Republic in Vienna and the Austrian Cultural Institute in Prague

Valid Effective from 01.07.1990
Contents
241
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs stated that the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the establishment and operation of the Cultural and Information Centre of the Czechoslovak Socialist Republic in Vienna and the Austrian Cultural Institute in Prague was signed in Vienna on 5 December 1988. The Agreement shall enter into force on 1 July 1990 on the basis of Article 10 thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between
Czechoslovak Socialist Republic
and
Republic of Austria
on the establishment and operation of the Cultural and Information Centre of the Czechoslovak Socialist Republic in Vienna and the Austrian Cultural Institute in Prague
the Czechoslovak Socialist Republic and the Republic of Austria,
led by an effort to contribute on the basis of the Final Act and other relevant documents of the Conference on Security and Cooperation in Europe to the further development of friendly relations between the Czechoslovak Socialist Republic and the Republic of Austria, as well as between the peoples of both states,
Knowing that mutual knowledge and better understanding between the people of both states is an important contribution to the consolidation of peace,
led by the desire to intensify its cooperation in cultural, educational and scientific fields,
agree to conclude this Agreement and agree on the following:
1) Each Contracting Party is entitled to set up cultural facilities in the capital of the other Contracting Party (Cultural and Information Centre of the CSSR in Vienna and Austrian Cultural Institute in Prague).
2) Both Contracting Parties will support the activities of cultural facilities in a universal manner.
3) In accordance with the provisions of this Agreement, cultural establishments may carry out their activities throughout the territory of the beneficiary State.
4) Cultural establishments are legal entities.
Cultural facilities may be located on land or in the building of a diplomatic mission of the establishing State. In this case, cultural facilities shall have a separate entrance. The provisions of the Vienna Convention on Diplomatic Relations shall not apply to such cultural establishments.
All activities of cultural facilities shall be carried out in accordance with the provisions of this Agreement and the legislation of the beneficiary State.
1) Each cultural establishment shall be headed by a Director appointed by the competent authority of the establishing State, which shall direct all activities of the cultural establishment.
(2) Members of the diplomatic mission of the founding State may be entrusted and adequately notified with the functions of the Director and his representatives. The Director and his representatives shall be nationals of the establishing State.
3) As administrative and technical staff, national citizens of the beneficiary State and national citizens of the establishing State residing in the territory of the beneficiary State may be employed in the cultural establishment. The employment of such staff shall be subject to work, social and all other relevant legislation and procedures of the beneficiary State.
(4) The Director of each cultural establishment and the authorised staff may meet directly with the relevant central and local authorities, educational, scientific and cultural institutions on matters relating to its activities in accordance with the applicable legislation of the beneficiary State.
5) The Director of each cultural establishment is entitled to decide on normal matters relating to the internal operation of cultural facilities (e.g. accounting and personnel matters, library and language courses).
1) The activity of cultural facilities in the beneficiary State shall serve to disseminate information and knowledge about the founding State in order to further deepen the friendship between the two States and shall include:
(a) information on culture, art and science;
(b) organisation of language, cultural, educational, scientific and literary lectures, reading and symposia, concerts, theatrical performances, artistic performances and film screenings;
(c) the holding of exhibitions in the fields of culture, art, sport and science;
(d) the holding of language courses aimed at culture, science, art and country science of the founding state;
(e) the establishment and management of reading rooms and libraries with the possibility of borrowing on cultural facilities and containing publishing and audiovisual material relating to the founding or receiving State;
(f) retail sale of articles of a cultural nature in accordance with Article 9 of this Agreement.
2) If reimbursement is collected to cover expenditure on events involving cultural facilities (e.g. language courses, lectures, exhibitions), it will be exempt from taxes and other benefits.
(3) The activity referred to in paragraph 1 of this Article shall be carried out at the premises of cultural establishments. With the agreement of the competent authorities providing support where appropriate, cultural, artistic and scientific events may be organised outside their own premises.
4) Unless otherwise agreed between cultural establishments and the competent authorities of the beneficiary States, the lecturing and artistic activities of cultural establishments shall be carried out only by the national citizens of the establishing or receiving State. This provision does not apply to artistic sets and groups.
5) In the field of scientific and scientific and technological cooperation, cultural establishments shall, in agreement with the competent authorities of the beneficiary State, develop their activities to:
(a) exchange of scientific and scientific and technical information, publications and research results in accordance with relevant national legislation;
(b) the organisation and implementation of common symposia, conferences and study courses and exhibitions with scientific and scientific and technical topics in cooperation with the relevant organisations of the beneficiary State.
1) The directors of cultural facilities shall inform the competent authorities of the beneficiary State in advance of the planned actions, programmes and materials made available to the public or disseminated.
2) Cultural institutions shall participate in the implementation of the work programmes established by the Joint Commission pursuant to Article 23 of the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on cooperation in the field of culture, education and science. The activities of cultural facilities will also be discussed at the meetings of this Joint Commission.
1) The beneficiary State shall, in accordance with its legislation, facilitate the acquisition of the premises necessary for cultural facilities in its national territory or assist it in other ways.
2) Each establishing State shall bear the costs of setting up and operating its cultural establishment.
1) Under its applicable laws and regulations, the beneficiary State shall authorise the importation and re-export of articles for the activities of cultural establishments and exempt them from all customs duties, taxes and similar charges, with the exception of storage, removal and similar services.
(2) Subject to Articles 4 (3) and 9 (3), cultural establishments shall be exempt from direct taxation in the performance of their tasks under the Agreement. For the purposes of turnover taxation, all relevant provisions of the beneficiary State on benefits shall apply.
(1) Cultural establishments may, in accordance with the relevant legislation of the beneficiary State, carry out retail sales of objects of a cultural nature promoting the culture of nations established in the beneficiary State.
(2) The conditions, scope and manner of carrying out this retail activity shall be agreed between the Parties.
(3) Retail activities within the meaning of this Article shall be subject to full taxation in the beneficiary State.
This Agreement shall enter into force on the first day of the third month from the date on which the Parties notify each other by diplomatic means that the relevant national conditions for its entry into force are fulfilled.
This Agreement shall be negotiated for an indefinite period. It may be denounced in writing by each of the Contracting Parties. The denunciation shall enter into force six months after the date of receipt of the denunciation by the other Contracting Party.
To prove that the authorized agents have signed this Agreement.
Done at Vienna, 5 December 1988 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For
Czechoslovak Socialist
Republic of:
JUDr. Jaromir Johannes v. r.
Minister for Foreign Affairs CSSR
For
Austria:
Dr Alois Mock v. r.
Federal Minister for Foreign Affairs
Republic of Austria

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Regulation Information

CitationCommunication from the Federal Ministry of Foreign Affairs No. 241 / 1990 Coll., on the negotiation of the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the establishment and operation of the Cultural and Information Centre of the Czechoslovak Socialist Republic in Vienna and the Austrian Cultural Institute in Prague
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation15.06.1990
Effective from01.07.1990
Effective until-
Status Valid
The regulation text is for informational purposes only.
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