Decree No. 41 / 1985 Coll.
Decree of the Federal Ministry of Foreign Trade on non-commercial exports and imports of goods
Valid
Effective from 01.06.1985
41
DECLARATION
Federal Ministry of Foreign Trade
of 13 May 1985
on non-commercial exports and imports of goods
The Federal Ministry of Foreign Trade provides pursuant to § 54 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs:
NON-COMMERCIAL EXPORTS AND IMPORTS THEREOF BY PHYSICAL AND LEGAL PERSONS
Non-commercial exports and imports of goods by natural persons
(1) For non-commercial exports (hereinafter referred to as "exports") of goods exported by Czechoslovak natural persons, authorisation is required if:
(a) goods the nature, quantity or value of which is not adequate to satisfy the personal needs of the exporting person during his temporary stay abroad or which are not necessary for the performance of his or her lawful activity abroad;
(b) goods exported outside the scope of foreign trade for purposes other than the adequate satisfaction of the personal needs of the exporting person in his temporary stay abroad or for the performance of his lawful activity abroad, provided that they are exported:
1. in travel and their total value is greater than 500 CZK;
2. in non-travel and their total value is more than 300 CZK;
(c) the items listed in Annex No 1, where their total value is more than 50 Ccs, when they are exported outside the scope of foreign trade for purposes other than adequate satisfaction of the personal needs of the exporting person during his temporary stay abroad or for the performance of his or her lawful activities abroad.
(2) The export of goods exported by foreign natural persons requires a permit if the goods acquired in the Czechoslovak Socialist Republic are not required for the adequate satisfaction of the personal needs of the exporting person during his temporary stay in the Czechoslovak Socialist Republic or if they are not necessary for the adequate satisfaction of his personal needs on his journey from the Czechoslovak Socialist Republic. For the export of goods acquired in the Czechoslovak Socialist Republic for purposes other than the adequate satisfaction of the personal needs of the exporting person during his temporary stay in the Czechoslovak Socialist Republic or the adequate satisfaction of his personal needs when travelling from the Czechoslovak Socialist Republic, exported outside the framework of foreign trade, in cases not covered by export bans (§ 7), authorisation is required:
1. travel,
(aa) if their total value is more than 500 Ccs;
(bb) if they are listed in Annex 1,
2. in non-travel.
(3) Authorisation for export of articles of philatelic interest outside the framework of collector's exchange shall always be required if:
(a) exports of articles of philatelic interest with a value of more than 100 CZK but not more than 100 pieces;
(b) the fourth and further exports of articles of philatelic interest in one calendar year.
(4) Without authorisation which would otherwise be necessary under paragraphs 1 and 2, export may be:
(a) goods exported by foreign natural persons where such goods have been purchased by Czechoslovak organisations authorised to sell goods for foreign exchange funds, provided that such goods are exported within one year of the date of sale and that their purchase is demonstrated by evidence of that organisation;
(b) cases the export of which is exempt from authorisation under the international treaties by which the Czechoslovak Socialist Republic is bound;
(c) coffins and urns in which the body remains are transported abroad, as well as coffins and urns sent abroad to carry body remains from abroad to the Czechoslovak Socialist Republic and floral ornaments for funeral purposes.
(1) Non-commercial imports (hereinafter referred to as "imports") of goods imported by Czechoslovak natural persons require authorisation
(a) goods acquired abroad, unless they are imported to meet the personal needs of the importing person or to satisfy the needs of members of its family as appropriate;
(b) cases with a value of more than 5000 Cds acquired abroad for purposes other than the adequate satisfaction of the personal needs of the importing person or the adequate satisfaction of the needs of its family members, imported outside the framework of foreign trade;
(c) goods acquired abroad where their value exceeds the value of the appropriations or abroad in a lawful manner obtained by foreign exchange funds which may be used under the applicable rules for the purchase of goods.
(2) The import of goods by foreign natural persons requires authorisation if:
(a) goods the nature, quantity or value of which is not adequate to satisfy the personal needs of the importing person while he is in the Czechoslovak Socialist Republic or which are not necessary for the performance of his or her lawful activities in the Czechoslovak Socialist Republic;
(b) cases of a value of more than 5000 CZK acquired abroad, imported outside the scope of foreign trade for purposes other than the adequate satisfaction of the personal needs of the importing person while in the Czechoslovak Socialist Republic or for the exercise of his or her lawful activities in the Czechoslovak Socialist Republic.
(3) Authorisation to import articles of philatelic interest outside the framework of collector's exchange shall always be required if:
(a) imports of objects of philatelic interest in non-travel for a value of more than 100 Kčs but not more than 100 pieces;
(b) a fourth and further consignment of articles of philatelic interest in one calendar year.
(4) Without authorisation which would otherwise be necessary under paragraphs 1 and 2, imports may be made:
(a) cases the importation of which is exempt from authorisation under the international treaties by which the Czechoslovak Socialist Republic is bound;
(b) coffins and urns in which the body remains are transported to the Czechoslovak Socialist Republic, as well as coffins and urns sent to the Czechoslovak Socialist Republic to transport the body remains from the Czechoslovak Socialist Republic abroad and flower ornaments for funeral purposes.
(1) Within the meaning of this Decree, appropriate to meet personal needs in travel shall be understood to mean the nature, quantity or value of goods which correspond to the length and purpose of the journey and other circumstances which are appropriate for consideration.
(2) If the international treaties by which the Czechoslovak Socialist Republic is bound do not provide otherwise, it is considered appropriate for the following types of goods to satisfy personal travel needs for each passenger not exceeding:
(a) 1 litre of spirit drinks (exported or imported by persons over 18 years old);
(b) 2 litres of wine (exported or imported by persons over 18 years of age);
(c) 250 cigarettes or equivalent quantities of other tobacco products.
Collecting exchange of objects of philatelic interest with foreign
(1) Only members of the Union of Czechoslovak philatelists who are registered for collectivity in the Union of Czechoslovak philatelists (hereinafter referred to as "collectors") may be engaged in collectivity exchanges with foreign interest (hereinafter referred to as "collectors").
(2) Collector exchanges may only be made through a collection exchange centre which controls and records such exchanges.
(1) Collectors may import articles of philatelic interest in the framework of a collector's exchange in one calendar year at a price not exceeding 1000 KCs and dispatch 24 consignments in a price not exceeding 1000 KCs, of which non-used Czechoslovak novelties may be exchanged annually at 750 KCs; unused Czechoslovak stamps may not be exchanged until 60 days after their date of issue.
(2) The price of articles of philatelic interest sent in a single consignment may not exceed 500 Kčs, with only one series of unused Czechoslovak stamps of the same issue in one consignment.
(3) The difference in the prices of consignments of articles of philatelic interest exported and imported by one collector in one calendar year must not exceed 250 Kčs.
(4) Unused Czechoslovak stamps are considered news, from which the issue date has not expired for one year.
Exports and imports of goods by legal persons
(1) An authorisation is required for the export and import of goods by legal persons.
(2) Paragraph 1 shall not apply:
(a) when exported and imported by the central authorities of the Czechoslovak Socialist Republic, the Czech Socialist Republic and the Slovak Socialist Republic,
(b) for exports and imports which are exempt from authorisation under the international treaties by which the Czechoslovak Socialist Republic is bound;
(c) for exports and imports by legal persons enjoying diplomatic or consular privileges and immunities in the Czechoslovak Socialist Republic to meet needs similar to those of natural persons;
(d) when goods are exported and imported which are necessary for legal proceedings;
(e) in the field of cultural or sporting matters, when exporting goods which Czechoslovak legal persons need to carry out their lawful activities abroad and when importing goods which foreign persons need to carry out their lawful activities in the Czechoslovak Socialist Republic;
(f) when exporting and importing professional publications and informative documents made in exchange for free between Czechoslovak and foreign libraries, scientific institutes, universities, museums and galleries in a number of copies appropriate to their own needs, provided that such legal persons are designated for such exchange by senior central authorities in agreement with the Federal Ministry of Foreign Trade;
(g) for the export and import of documents, information material or a reasonable number of samples and preparations which cannot be replaced by documentation if they are necessary for the conclusion or execution of scientific and technological cooperation contracts;
(h) the export and import of audio and video recordings in the framework of the exchange of programmes between Czechoslovak and foreign radio and television organisations;
(i) when exporting and importing biological organs and tissues by health organisations for transplantation;
(j) to export fuel necessary for the movement of vehicles of Czechoslovak legal persons abroad;
(k) to export goods purchased by foreign legal persons from Czechoslovak organisations authorised to sell goods for foreign exchange funds, provided that they are exported within one year of the date of sale and that their purchase is demonstrated by evidence of that organisation;
(l) the export and import of items necessary for rescue operations under international agreements;
m) when exporting goods by foreign legal persons who have been admitted to the Czechoslovak Socialist Republic and when importing goods by Czechoslovak legal persons who have been admitted to the Czechoslovak Socialist Republic.
PROHIBITION OF EXPORT AND IMPORTS OF THINGS
(1) Export of goods is prohibited:
(a) by foreign natural persons in travel, whose stay in the Czechoslovak Socialist Republic has not exceeded one day, of a total value exceeding 150 CZK;
(b) by foreign natural persons in travel, whose stay in the Czechoslovak Socialist Republic does not exceed two days, of a total value exceeding 300 CZK;
(c) foreign natural persons in travel, whose stay in the Czechoslovak Socialist Republic has not exceeded a period of two days, the total value of which exceeds that shown in accordance with the applicable rules of imported or exchanged Czechoslovak means of payment;
(d) foreign natural persons in travel, whose stay in the Czechoslovak Socialist Republic has exceeded two days, the total value of which exceeds 50%, shown in accordance with the applicable rules of imported or exchanged Czechoslovak means of payment;
(e) foreign natural persons in non-travel operations whose total value exceeds 50%, demonstrably in accordance with the applicable rules of imported or exchanged Czechoslovak means of payment;
(f) listed in Annex 2.
(2) Prohibitions on the export of goods referred to in paragraph 1 shall not apply where:
(a) the export of goods by a foreign natural person
1. if these were necessary to meet the urgent personal needs of the exporting person as a result of his temporary stay in the Czechoslovak Socialist Republic or are necessary to meet his personal needs as a result of his travel from the Czechoslovak Socialist Republic,
2. where they have been purchased by the Czech organisations authorised to sell goods for foreign exchange funds, if they are exported within one year of the date of sale and their purchase is supported by evidence of that organisation,
3. whose exports are regulated by the international treaties by which the Czechoslovak Socialist Republic is bound,
(b) the export of goods by persons enjoying diplomatic or consular privileges and immunities in the Czechoslovak Socialist Republic;
(c) export of goods by a Czechoslovak or foreign natural person in connection with their removal;
(d) export of goods by a Czechoslovak natural person to adequately satisfy his personal needs when travelling from the Czechoslovak Socialist Republic or during his temporary stay abroad;
(e) exports of goods by a Czechoslovak natural person, in cases other than those referred to in (d), of a value not exceeding CZK 50, excluding antiques and gold and silver products;
(f) the export of goods by a Czechoslovak or foreign person and the application of the prohibition would lead to unjustified hardships.
(3) Imports of the goods listed in Annex 4 are prohibited.
The customs authorities shall check that goods whose export or import is regulated by specific provisions are exported and imported in accordance with those provisions.
DECISIONS ON THE ACCEPTANCE OF EXPORT AND IMPORTS OF THINGS
Scope of customs authorities
Federal Ministry of Foreign Trade - Central Customs Administration:
(a) direct the Customs Directorate for the Czech Socialist Republic and the Customs Directorate for the Slovak Socialist Republic in the exercise of its powers under this Order;
(b) decide to grant authorisation to legal persons for re-exports or imports of goods, if such exports or imports are to take place both from places in the territory of the Czech Socialist Republic and from places in the territory of the Slovak Socialist Republic or from places in the territory of the Czech Socialist Republic and from places in the territory of the Slovak Socialist Republic;
(c) take measures to prevent unjustified hardships which could arise when goods are exported by Czechoslovak or foreign persons who are otherwise prohibited;
d) decide on the appeal against the decision of the Customs Directorate for the Czech Socialist Republic and the Customs Directorate for the Slovak Socialist Republic to grant authorisation to export or import goods.
Customs Directorate for the Czech Socialist Republic and Customs Directorate for the Slovak Socialist Republic:
(a) direct the customs authorities in the exercise of their powers under this Order;
(b) decide to grant authorisation to legal persons for repeated exports or imports of goods, if such exports or imports are to be made from places in the territory of the Czech Socialist Republic or from places in the territory of the Slovak Socialist Republic;
(c) decide on an appeal against a customs decision granting authorisation to export or import goods.
(1) Customs duties
(a) decide to grant a single export or import permit;
(b) check that the export or import of goods is carried out in accordance with this decree.
(2) The competent authority for the decision to grant a single export or import permit shall be the customs office in whose territory the importing or exporting natural person has his place of residence or residence and the legal person has its registered office or carries out the activity for which he was established.
(3) In exceptional cases, in particular where operational conditions so permit, a single export permit may be granted by foreign persons in transit by border customs.
(4) Where operational conditions allow, they grant a single authorisation to import goods in the border customs travel.
Where justified, customs authorities other than those referred to in Article 11 may also exercise the scope set out in Article 11 (1).
Authorisation of exports and imports of goods
(1) Authorisation to export or import goods shall be granted by the competent authorising authority at the request of the exporting or importing person.
(2) Where an application for authorisation to export or import goods is made in writing, the customs authority may require that the application be made on the prescribed form.
For goods exported in connection with the movement of persons, the authorising authority shall grant a further authorisation only if it is notified in writing in the application for export of the first part of the goods to which the export authorisation will be sought. An application for authorisation shall be submitted no later than two years after the removal of the person.
The authorisation shall be valid for three months from the date of issue, unless otherwise specified. The validity of the authorisation may be extended where justified.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
(1) Where the admissibility or proportionality of exports or imports is dependent on the price of goods, the price within the meaning of this Order shall be the price at which the Czechoslovak legal persons sell these or comparable goods to natural persons for the currency of the Czechoslovak language, the price in force at the time of the export permit or at the time of import.
(2) The stamps and stationery are valued as follows:
(a) Czechoslovak stamps and stationery according to the Pofis catalogue,
(b) the stamps and stationery of other countries according to the catalogues of internationally recognised.
(3) Articles of philatelic interest shall mean:
(a) stamps;
(b) postal stationery;
(c) integrity;
(d) stamps;
(e) the envelopes of the first day,
(f) labels;
(g) so-called ministerial prints,
(h) black prints.
(4) Where the exporting or importing person does not prove the price of the goods or where there is doubt as to their actual amount, the customs authority may determine the price referred to in paragraphs 1 and 2. Where the customs authority considers it expedient or requests it by the exporting or importing person, the customs authority shall determine the value of the items on the basis of an expert opinion on the cargo of the exporting or importing person.
Lists of matters which are prohibited from the Czechoslovak Socialist Republic or whose export is subject to authorisation under Annexes 1 and 2 to the Order are posted at all border crossing points in the respective language mutations.
Authorisations for non-commercial exports and imports of goods, as well as exemptions granted under existing rules, shall be deemed to be authorisations and exemptions granted under this Order.
The following Regulations of the Federal Ministry of Foreign Trade are hereby repealed:
(a) No 59 / 1980 Coll., on non-commercial exports and imports of goods,
(b) No 108 / 1981 Coll., amending and supplementing Decree No 59 / 1980 Coll., on non-commercial exports and imports of goods,
(c) No 111 / 1983 Coll., amending and supplementing Decree No 59 / 1980 Coll., on non-commercial exports and imports of goods, as amended by Decree No 108 / 1981 Coll., amending and supplementing Decree No 59 / 1980 Coll., on non-commercial exports and imports of goods,
(d) Decree No. 36 / 1984 Coll., amending Decree No. 59 / 1980 Coll., on non-commercial exports and imports of goods, as amended by Decree No. 108 / 1981 Coll.
This Decree shall take effect on 1 June 1985.
Minister:
Ing. Urban CSc. v. r.
Příloha č. 1
Annex No 1 to Decree No. 41 / 1985 Coll.
Cases for which the authorisation [§ 1 (1) (c) and § 1 (2) (1) (bb) of the Order] is required:
1. fuel exported in reserve containers
2. food and food products of foreign origin
3. articles of gold and silver (except jewellery and ornaments of silver or gilded with Czech garnet or other semi-precious stones of Czechoslovak provenance, if these articles are not antiques).
Příloha č. 2
Annex No 2 to Decree No. 41 / 1985 Coll.
Goods whose export is prohibited (Section 7 (1) of the Decree)
Příloha č. 4
Annex No. 4 to Decree No. 41 / 1985 Coll.
Cases prohibited (Section 7 (2) of the Decree):
1. pure alcohol (ethyl alcohol)
2. things promoting war and violence, fascism and Nazism, racial discrimination and things that contradict humanity,
3. two-stroke cars
*) Act No. 147 / 1983 Coll., on weapons and ammunition, as amended by Act No. 49 / 1990 Coll.
*) The year of manufacture or model year is shown on the label or coded in the VIN number in the tenth place under the internationally defined code (e.g. 1985 is marked F, 1986 is marked G, etc.). In 1990, passenger cars may be imported in the year of manufacture or in the model year 1985 marked on the product label VIN (Vehicle identification number) letter F and younger.
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Regulation Information
| Citation | Decree No. 41 / 1985 Coll., on non-commercial exports and imports of goods |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1985 |
|---|---|
| Effective from | 01.06.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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