Communication from the Ministry of Foreign Affairs No. 249 / 1997 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 Philippines
Valid
International Treaty
Effective from 15.08.1997
Text versions:
07.10.1997
249
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that the Trade Agreement between the Government of the Czech Republic and the Government of the Republic of the Philippines was signed in Manila on 25 May 1994.
The Agreement entered into force on 15 August 1997 on the basis of Article XI thereof. The Trade Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of the Philippines of 9 March 1977, published under No 134 / 1979 Coll.
The Czech translation of the agreement is announced simultaneously. The English version of the Agreement 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 the Philippines
Preamble
Government of the Czech Republic and Government of the Republic of the Philippines, hereinafter referred to as the "Contracting Parties',
stating with satisfaction the successful development of trade and economic relations; and
led by the desire to achieve further development and strengthening of trade and economic relations between the two States on the basis of equality and mutual benefit,
agree as follows:
General provisions
The Parties shall, in accordance with their respective laws and regulations, make every effort to promote, facilitate and develop trade and economic cooperation between the two States on a long and stable basis.
Most favoured nation clause
In accordance with the provisions of the General Agreement on Tariffs and Trade (GATT), the Contracting Parties shall grant each other the most favourable clause as regards:
(a) customs duties and charges of any kind, including methods of collecting such duties and charges imposed on or in connection with the import or export or on the transfer of payments for imports and exports;
(b) directives and formalities relating to customs clearance;
(c) any internal taxes or other internal charges of any kind imposed on or in connection with imported and exported goods; and
(d) issuing import and export licences.
Exemptions from the Most Benefit Clause
Article II shall not apply to:
(a) a tariff advantage or other advantages which one of the Parties provides or may grant to facilitate border traffic;
(b) specific advantages or other advantages granted by one of the parties resulting from its association in a regional or sub-regional arrangement, customs union or in the field of free trade or from measures aimed at establishing a customs union or free trade area;
(c) a specific tariff advantage or other advantages which either Party may grant to developing States under any trade or economic cooperation plan which the other Party is not a member of.
Import and export of goods
Imports and exports of goods shall be carried out in accordance with this Agreement, the laws and regulations in force in both States and recognised international commercial practices, on the basis of contracts concluded by natural and legal persons not contrary to this Agreement, laws, directives and commercial practices in both States.
Payment arrangements
All payments made under this Agreement shall be made in freely convertible currency in accordance with the laws and regulations in force in both States.
Exchange of trade delegations and participation in trade fairs and missions
In order to further develop trade between the two States, the Parties shall promote and facilitate the contacts between trade representatives, groups and delegations between the two States, the participation of the two States in trade fairs and missions and the organisation of exhibitions of one State in the territory of the other.
Exemptions from customs duties and other similar charges on items and items intended for trade fairs, missions and exhibitions shall be governed by the laws and regulations of the State where these fairs and exhibitions are held.
Resolving the dispute
Any dispute relating to commercial transactions concluded in accordance with this Agreement shall be dealt with by friendly consultation. If the parties do not agree, they shall submit their cases to arbitration in accordance with the provisions of the contract. In the absence of an arbitration clause, the case shall be referred to the arbitration body on which the parties concerned agree.
Safeguard measures
No condition of this Agreement shall be interpreted, in accordance with the laws and regulations of both States, in such a way as to prevent the adoption and enforcement of measures by either Party:
(a) necessary to protect their balance of payments;
(b) necessary to protect human health, morality, order or safety;
(c) necessary to prevent or threaten damage to the domestic industry;
(d) necessary to protect the population, animals or plants from diseases, pollution or life threats;
(e) relating to trade in arms, munitions, war material or other materials carried out directly or indirectly for the purpose of supplying military equipment;
(f) relating to fissile (nuclear) materials, their sources or their radioactive by-products, except those required for medical purposes;
(g) to protect national treasures of artistic, historical and archaeological value.
Establishment of a consultation body
The Parties may establish a consultation body composed of representatives of both Parties. This authority shall supervise the implementation of the provisions of this Agreement, examine the problem-solving or dispute-resolution measures that may arise during its implementation, and propose measures to expand and diversify trade between the two States. The consulting authority shall meet whenever the Contracting Parties so agree.
The establishment of a consultative body shall not preclude the right of both States to consult each other, at the request of either of them, on any matter of mutual interest, as well as the necessary measures to extend mutual cooperation and trade relations in the framework of the implementation of this Agreement.
Validity of contracts
The provisions of this Agreement shall apply even after its expiry to contracts concluded during the period of validity of this Agreement which have not been fully implemented until the date of expiry of this Agreement.
Entry and duration of the Agreement
This Agreement shall enter into force on the date of the last notification confirming its approval in accordance with the legislation in force in both States and shall remain in force for five years.
If either Party has not, in writing, indicated its intention to terminate the existing Agreement six months before the expiry of the above five-year period, it shall automatically be deemed to have been extended for another year. The same procedure will be applied in connection with its termination after each subsequent period of one year.
This Agreement may be amended or terminated by mutual agreement of the Contracting Parties. The amendment or termination of this Agreement shall not affect the validity of contracts already concluded between natural and legal persons of both countries.
The entry into force of this Agreement will terminate the Trade Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of the Philippines of 9 March 1977.
Done at Manila, 25 May 1994, in two original copies in English, one for each Contracting Party, the two being equally authentic.
For the Government of the Czech Republic:
Ing. Vladimir Long CSc. v. r.
Minister for Industry and Trade
For the Government of the Philippines:
Rizalino S. Navarro v. r.
Minister for Trade and Industry
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 249 / 1997 Coll., on the negotiation of the Trade Agreement between the Government of the Czech Republic and the Government of the Philippines |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.10.1997 |
|---|---|
| Effective from | 15.08.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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