Decree of the Minister for Foreign Affairs No 29 / 1979 Coll.
Decree of the Minister for Foreign Affairs on the Trade and Navigation Treaty between the Czechoslovak Socialist Republic and the Republic of Cuba
Valid
Effective from 15.12.1978
29
DECLARATION
Minister for Foreign Affairs
of 18 January 1979
on the Trade and Navigation Treaty between the Czechoslovak Socialist Republic and the Republic of Cuba
On 5 November 1977, the Trade and Navigation Treaty between the Czechoslovak Socialist Republic and the Republic of Cuba was signed in Havana.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 15 December 1978.
According to Article XIII thereof, the Treaty entered into force on 15 December 1978.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
on trade and navigation between the Czechoslovak Socialist Republic and the Republic of Cuba
the Czechoslovak Socialist Republic and the Republic of Cuba,
Wishing to further consolidate and develop trade relations and maritime transport between the two States on the basis of equality and mutual advantages,
they have agreed as follows:
The Parties shall take all necessary measures to develop and consolidate trade relations between the two States in a spirit of friendly cooperation and mutual assistance on the principle of equality and mutual benefits.
To this end, the Contracting Parties will negotiate agreements on the mutual supply of goods, including long-term agreements and other conditions that ensure the development of the exchange of goods in accordance with the needs of the national economy of the two States.
The Contracting Parties shall provide each other with unconditional treatment in accordance with the principle of most favourable treatment on all matters relating to trade, maritime navigation and all other economic relations between the two States.
The most-favoured-nation principle covers all questions relating to customs duties, taxes or other levies, consular and other charges or charges of any kind, imposed on importation or exportation of goods, the method of collection and the rules and formalities for the clearance of goods.
Article II and III on the treatment of the most favoured nation shall not apply to:
(a) advantages granted or in the future by the Czechoslovak Socialist Republic to neighbouring countries in order to facilitate border traffic;
(b) the advantages granted or in the future by the Republic of Cuba to any developing country in order to strengthen and develop trade with that country;
(c) advantages granted by either Party to third countries as a result of the processes of customs union formation, free trade areas or regional economic integration;
(d) advantages granted or granted in the future by the Parties to third countries with which they conclude special agreements on liner shipping with fixed travel plans.
All goods of one Contracting Party transported from or into the territory of a third State through the territory of the other Contracting Party shall not be subject to duties, taxes or other charges.
As regards the rules and formalities relating to transit, there will be no less benefits for those goods than for the costs of any third State.
Samples of goods exported to the territory of the other State in quantities customary and used only as samples, as well as catalogues, price lists, prospectuses and advertising material, including advertising films, shall be duty-free in the territory of the other Party, taxes or other levies on both import and re-export.
In addition, the Contracting Parties shall release each other into the customs record circulation which shall exempt from customs duties and other levies in particular the following articles:
(a) articles intended for exhibitions and fairs;
(b) articles, tools, materials and tools intended to carry out experiments, tests and repairs;
(c) tools and tools designed for assembly work and scientific and technical assistance;
(d) labelled packaging imported for filling, as well as packaging containing and reexported products.
The period of validity and other conditions of the customs recording cycle shall be determined in each case according to the purpose for which the articles entered into the customs recording cycle are intended.
None of the Contracting Parties shall apply any restrictions or prohibitions when imported from the territory of the other Contracting Party or when exported into the territory of the other Contracting Party unless it applies them to all other States.
The Czechoslovak seagoing ships and their costs will be treated in Cuban ports on arrival, stay and departure according to the principle of the highest advantages, in particular as regards:
(a) benefits and charges of any kind levied on behalf or for the benefit of State institutions or other organisations;
(b) location on waterfront, loading and unloading in ports and berths;
(c) the use of pilot and tugboat services, the use of canals and floating equipment, signals and fairway lighting;
(d) the use of cranes, scales, warehouses, shipyards, dry docks and repair workshops;
(e) the supply of fuel, lubricants, water and food;
(f) medical assistance and hygiene services.
The provisions of the preceding paragraph do not entitle port services such as piloting and tugboat services in the ports and territorial waters of the Republic of Cuba, rescue services, rescue work and assistance to which the national flag is entitled, without prior agreement with the competent authorities of the Republic of Cuba.
In addition, the provisions of this Article shall not apply to shore shipping (cabotage), fishing and any measures taken by the Government of the Republic of Cuba to protect and develop the Cuban commercial fleet.
The sailing of a Czechoslovak ship from one Cuban port to the other Cuban port for unloading of goods originating in the Czechoslovak Socialist Republic or a third State or for loading of goods destined for the Czechoslovak Socialist Republic or a third State shall not be considered as short-sea shipping (cabotage).
If a Czechoslovak ship crashes, is stranded on a shallows or fails close to or on the coast of the Republic of Cuba, the necessary assistance and the same support and benefits as the Cuban legislation provides to its own ships, persons and costs on board will be provided to persons on board, ships and cargo.
The nationality of Czechoslovak ships will be recognised by the competent authorities of the Republic of Cuba on the basis of documents on the ship issued by the competent Czechoslovak authorities under the laws and regulations of the Czechoslovak Socialist Republic.
Propellants and other shipping documents on board and issued in accordance with Czechoslovak legislation shall be recognised by the competent authorities of the Republic of Cuba. In accordance with this provision of the Czechoslovak ship, duly issued with measuring lists, the Cuban ports will be exempt from remeasurement and the net space of the ship indicated in those sheets will be taken as the basis for calculating the port charges.
The competent organisations of the Contracting Parties whose activities relate to maritime transport may, with prior consent, transmit and maintain to the territory of the other Contracting Party a representative with its own staff. These Councils enjoy the same rights and benefits which are granted to similar councils of any third State.
In order to ensure the efficient transport of goods in trade between the Czechoslovak Socialist Republic and the Republic of Cuba, the competent authorities of the two Contracting Parties shall negotiate annual protocols for the carriage of goods in which the conditions for the transport of goods by sea shall be adapted.
This Treaty is subject to ratification. The instruments of ratification shall be exchanged as soon as possible.
The Treaty shall enter into force on the date on which the instruments of ratification are exchanged and shall remain in force until six months after one of the Contracting Parties has notified the other Contracting Parties in writing of its intention to terminate the Treaty.
Dane in Havana on 5 November 1977 in two original copies, each in the Czech and Spanish languages, the two texts being equally authentic.
For
Czechoslovak Socialist Republic:
Ing. Andrej Barčák v. r.
For
Republic of Cuba:
Marcelo Fernandez Font v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 29 / 1979 Coll., on the Trade and Navigation Treaty between the Czechoslovak Socialist Republic and the Republic of Cuba |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.1979 |
|---|---|
| Effective from | 15.12.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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