Communication from the Ministry of Foreign Affairs No 291 / 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 the Republic of Cuba on commercial economic cooperation
Valid
International Treaty
Effective from 08.09.1997
Text versions:
02.12.1997
291
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 the Republic of Cuba on commercial economic cooperation was signed in Singapore on 10 December 1996.
The Agreement entered into force on 8 September 1997 on the basis of Article 17 thereof. This date expired in the relations between the Czech Republic and the Republic of Cuba under the Trade and Navigation Treaty between the Czechoslovak Socialist Republic and the Republic of Cuba of 5 November 1977, published under No 29 / 1979 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 the Republic of Cuba on commercial economic cooperation
Government of the Czech Republic and Government of the Republic of Cuba, hereinafter referred to as "the Contracting Parties',
Recognising the important role of trade in both countries' economic development,
striving to develop commercial economic relations between the two States on the basis of the principles of equality of rights and mutual advantages,
wishing to create favourable conditions for the development of trade-related economic relations,
agree on the following:
The Parties shall promote the renewal, development and consolidation of trade relations between the two States in accordance with the laws in force in each of them and on the basis of principles and practices recognised in international trade. To this end, they will assist, facilitate and promote commercial economic cooperation between the legal entities of the two States.
The Contracting Parties confirm their willingness to apply the provisions of the Agreement establishing the World Trade Organisation (WTO) and of this Agreement to the exchange of goods originating in both States and to each other and to grant the most-favoured-nation clause.
The Most Advantages Clause will be applied reciprocally in all matters
- customs duties, taxes and other charges of any kind applicable to imports, exports and transit of goods or to international transfers of payments relating to such transactions,
- the arrangements for collecting duties, taxes and other charges,
- formalities and rules relating to imports, exports and transit of goods,
- internal taxes and other charges of any kind imposed on imports, exports and transit of goods.
The most-favoured-nation clause provided for in Article 2 of this Agreement shall not apply to:
- the benefits resulting from the participation of each of the States of the Contracting Parties in customs union, free trade area or in agreements aimed at their establishment or in other forms of regional economic integration,
- benefits which one of the Contracting Parties has granted or could grant to any neighbouring State in order to facilitate border or coastal trade.
The Contracting Parties shall provide each other with treatment no less favourable than that accorded to third States in accordance with normal practice in the use of maritime ports in all matters relating to commercial navigation, crew, loading and unloading.
The trade between the two States shall take place in accordance with this Agreement, international trade practices and the laws in force in each of them and shall be carried out on the basis of contracts negotiated between the legal entities of each of the States of the Contracting Parties. The Contracting Parties shall not be liable for commitments entered into in contracts concluded by the relevant legal entities.
In contracts negotiated between legal entities of the States of the Contracting Parties, prices prevailing on the world market for similar goods shall be taken as a basis.
Payments resulting from the execution of commercial contracts negotiated between legal entities of the States of the Contracting Parties shall be made in freely convertible currency in accordance with the laws in force in each of them.
The Parties shall promote, in accordance with the laws of their States, the development of different types of binding trade, industrial cooperation, the formation of economic associations, mixed undertakings and other forms of commercial economic cooperation between the legal entities of both States.
The Parties shall support, in accordance with the laws of their States, the establishment and operation of branches or representatives of Czech and Cuban entities in their States contributing to the development of trade and economic relations.
Certificates of origin for domestic goods exported from one State to another shall be issued by duly authorised institutions from the States of the Contracting Parties.
The Parties shall provide each other with the reciprocal benefits needed for the organisation of trade fairs, exhibitions, conferences and other activities in their States to promote mutual trade in accordance with the laws of both States.
The Contracting Parties shall, in accordance with the laws and regulations in force in their Member States, allow imports and exports, exempt from customs duties, taxes and other charges of a similar nature, of the following articles:
- samples, articles and goods without commercial value, as well as commercial promotional materials,
- products and goods imported temporarily and intended for trade fairs and exhibitions whenever they are not traded,
- goods, tools, materials and tools imported for the purposes of experiments, tests, repairs, processing and processing,
- articles, tools and components imported temporarily for assembly work and commercial economic cooperation,
- containers and special packaging used in international trade imported and returned.
The Contracting Parties shall, in accordance with the laws of their Member States and the international treaties which they have concluded in this matter, take the measures necessary to prevent the importation into their States of natural or processed products originating in the State of the other Contracting Party bearing the marks, names, inscriptions or other similar features resulting in misleading indications or designations of origin or the type, characteristics or quality of the products.
In order to facilitate the implementation of this Agreement, to prepare recommendations and to hold consultations and to expand and develop mutual commercial economic relations, the Parties shall establish a Czech-Cuban Intergovernmental Joint Commission, led by representatives of ministries dealing with external economic relations, which shall meet alternately in Prague or Havana within the time limits and time limits agreed.
The powers, activities, organisational issues and specific tasks of this Joint Commission shall be determined at its first meeting by mutual agreement.
The Contracting Parties shall ensure protection in their States against any unfair competition in the field of the exchange of goods in accordance with this Agreement and the international agreements which they have concluded in this matter and under the law of their States.
Disputes which could arise in the interpretation, application and implementation or failure to comply with the provisions of this Agreement shall be settled by negotiation between the Parties.
Any amendment or addition to this Agreement shall be made in writing by mutual agreement of the Contracting Parties.
This Agreement shall enter into force on the date of the last notification by diplomatic channels that the relevant conditions laid down by the laws of each State have been fulfilled.
This Agreement shall be in force for a period of five years and shall continue to be automatically extended for an annual period unless either Party notifies the other of its intention to terminate it six months before its expiry.
The provisions of this Agreement shall continue to apply to contracts concluded at the time of its validity which would not have been fulfilled at the date of its expiry.
With the entry into force of this Agreement, the Trade and Navigation Treaty between the Czechoslovak Socialist Republic and the Republic of Cuba, signed in Havana on 5 November 1977, will cease to apply as regards the Czech Republic and the Republic of Cuba.
Done at Singapore, 10 December 1996, in two original copies, each in the Czech and Spanish languages, the two texts 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 Republic of Cuba:
Ricardo Cabrisas Ruíz v. r.
Minister for Foreign Trade
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 291 / 1997 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Cuba on Commercial Economic Cooperation |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.12.1997 |
|---|---|
| Effective from | 08.09.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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