Decree of the Ministry of Finance and the Ministry of Foreign Trade No. 6 / 1963 Coll.
Decree of the Ministry of Finance and the Ministry of Foreign Trade on the Foreign Exchange Economy Act
Valid
Effective from 31.01.1963
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6.
DECLARATION
Ministry of Finance and Ministry of Foreign Trade
of 2 January 1963
to the Foreign Exchange Economy Act
The Ministry of Finance and the Ministry of Foreign Trade, in agreement with the Ministry of Transport and Communications and after consulting other participating ministries, provides, pursuant to § 7a (1) and (2) of Act No. 107 / 1953 Coll., on Foreign Exchange Economy, as amended by Act No. 64 / 1958 Coll. (hereinafter referred to as "the Act '):
Exemptions from the prohibition on exports and imports of Czechoslovak money
(1) Foreign domestic nationals travelling abroad for a passport or other similar document, but not for an emigration passport, may, except in the cases referred to in paragraph 2, carry out a maximum of 300 CZK per person, if they can confirm the export of this money by customs. *) These funds must not be used abroad and the persons who exported them must prove to customs that they import them when they return. *)
(2) Foreign exchange domestic workers who work abroad and foreign exchange foreigners who work in the country may export in border traffic a maximum of 10 CZK per person on condition that they do not use this money abroad and import it back.
(3) For collector's or sightseeing purposes, Czechoslovak money withdrawn from circulation and valid Czechoslovak coins may be exported only with the permission of the Czechoslovak State Bank (hereinafter the "State Bank ').
Export and import of payment documents denominated in Czechoslovak currency
Without the permission of the Ministry of Finance (Section 2 (3) of the Act):
(a) foreign exchange foreigners in travel shall import and export payment documents (cheques, bills, vouchers, credentials and other payment orders) denominated in Czechoslovak crowns and made abroad to the State Bank,
(b) foreign exchange residents and foreigners in the tourism sector import and export payment documents denominated in the Czechoslovak krone and issued by the State Bank to monetary institutions abroad in contact with them ("foreign correspondents"),
(c) Czechoslovak foreign trade undertakings export and import payment documents denominated in Czechoslovak crowns when they relate to their transactions.
Exports of foreign money and payment documents denominated in foreign currency
(1) Without the permission of the Ministry of Finance [Paragraph 2 (4) (a) of the Act]:
(a) foreign exchange foreigners export:
(aa) foreign money and payment documents denominated in foreign currency if they prove, by confirmation of customs, not more than 3 months old that they have been imported;
(bb) payment documents issued abroad in the name of the passenger and foreign currency;
(b) foreign exchange domestic and foreign exchange foreigners export:
(aa) foreign money, if it proves by confirming the State Bank, not more than 3 months old that it has issued it to them,
(bb) payment documents in the name of the passenger and foreign currency issued by the State Bank to its foreign correspondents.
(2) Cheques and letters of credit, denominated in name and foreign currency, are permitted to be exported without the authorisation of the Ministry of Finance (Section 2 (4) (a) of the Act) if they have been issued by the State Bank to its foreign correspondents and are not accompanied by a replica.
(3) Czechoslovak foreign trade undertakings may, without the permission of the Ministry of Foreign Trade (§ 2 (4) (a) of the Act), export payment documents denominated in foreign currency if they relate to their transactions.
Imports of foreign currency money and payment documents
Imports of foreign currency money and payment documents are free. However, foreign nationals are obliged to have their imports confirmed by the customs authorities when crossing the national border. The Ministry of Finance may determine in an agreement with the Ministry of Foreign Trade when such imports need not be confirmed, or which documents issued by the foreign authorities are recognised as confirmation of imports.
Exchange of foreign currency money and reimbursement of domestic payment documents
(1) Foreign exchange and payment documents denominated in foreign currency are paid by the State Bank.
(2) Foreign exchange companies may exchange foreign money imported by them and reimburse payment documents denominated in foreign currency under conditions laid down by the Ministry of Finance, including other monetary institutions, travel and transport undertakings, customs offices and other places entrusted by the Ministry of Finance. Foreign exchange foreigners are required to exchange their imported foreign money and to prove payment documents to customs when returning from Czechoslovakia by confirming the State Bank or the places mentioned in the previous sentence.
Exports of precious metals, precious stones, pearls and articles thereof
(1) Without the permission of the Ministry of Finance [Paragraph 2 (4) (b) of the Act], travel may:
(a) foreign exchange domestic and foreign exchange exports of the following articles of precious metal:
(aa) one wrist watch or watch with a chain,
(bb) two rings without precious stones,
cc) two glasses,
(dd) silver products without precious stones up to 500 g aggregate weight,
(ee) small articles of gold without precious stones up to 20 g aggregate weight,
(b) foreign exchange households export the following products of precious metals:
(aa) one ring with a gem,
(bb) one earrings with a gem,
where exports of these products are confirmed by customs; on return they are required to prove to customs that they are being re-imported, *)
(c) foreign exchange foreigners export products of precious metals, precious stones and pearls if they prove to the customs authorities that they have purchased those products with exchanged foreign exchange money or payment documents in an undertaking authorised to sell such goods;
(d) foreign exchange foreigners export precious metals (gold, silver and platinum), precious stones, pearls and articles thereof, if they prove by confirmation of customs, not more than 3 months old, that they have imported them.
(2) Czechoslovak foreign trade undertakings may, without the permission of the Ministry of Foreign Trade (§ 2 (4) (b) of the Act), export precious metals, precious stones, pearls and their products if they are the subject of their trade.
Imports of precious metals, precious stones, pearls and articles thereof
(1) Imports of precious metals, precious stones, pearls and articles thereof are free. However, foreign nationals are obliged to have their imports confirmed by the customs authorities when crossing the national border.
(2) The obligation laid down in paragraph 1 does not apply to articles referred to in Article 6 (1) (a). In agreement with the Ministry of Foreign Trade, the Ministry of Finance may determine in which other cases the import of precious metals, precious stones, pearls and products thereof need not be confirmed.
Domestic sales of imported precious metals
Foreign exchange foreigners may only sell their imported precious metals to the State Bank; sales are required to prove to customs by confirming the State Bank when returning from Czechoslovakia.
Export of funds and other values
(1) Foreign exchange residents may, without the permission of the Ministry of Finance (Section 2 (4) (c) of the Act), export fund values (in particular shares, bonds, liens, interest and dividend coupons and talons) and foreign currency-denominated books, life insurance policies, deposit certificates and power of attorney to deal with foreign property values, provided that the customs authorities confirm that they have not imported them for more than 3 months.
(2) Exports of depository certificates and other documents in the name of a foreign exchange alien confirming that the foreign exchange alien has transferred money, securities or holding books to custody at Czechoslovak monetary institutions during his stay in the country. Exports of full powers issued by Czechoslovak foreign trade undertakings and related to their business are free.
Imports of financial and other values
Imports of the values mentioned in Paragraph 9 (1) are free. However, foreign nationals are obliged to have their imports confirmed by the customs authorities when crossing the national border. The Ministry of Finance may determine in an agreement with the Ministry of Foreign Trade in which cases imports of funds and other values need not be confirmed.
List of letters and payments by mail to and from abroad
(1) Listing consignments to a foreign country containing the values for which authorisation is required to export (Sections 2 (3) and 2 (4) of the Act) must be subject to customs clearance prior to the submission of postal services.
(2) Paragraph 1 shall not apply to the dispatch of full powers for the treatment of property values abroad; However, on the cover of such a consignment, the consignor must indicate the number and date of the foreign exchange permit for dispatch to a foreign country, unless it is about the power of attorney whose export is free (§ 9 (2), second sentence).
(3) Shipments of letters to a foreign country other than those referred to in paragraph 1 must be submitted for foreign exchange control (Section 7 (1) of the Act).
(4) The post office is required to submit letters of mail after their entry into the Czechoslovak territory for foreign exchange control.
(5) Foreign exchange control of letters shall be carried out by the authorities of the Ministry of Finance, except in the cases referred to in Article 12 (2).
(6) If the foreign-exchange control authority has carried out the inspection of the letter consignment in accordance with the provisions of Section 7 of the Act, it must stamp the consignment and attach its mark to it.
(7) Where the foreign exchange control authority finds that a letter consignment contains goods subject to customs procedure, it shall forward it to the competent customs authority for consideration.
(8) The foreign exchange control authorities shall ensure that, as far as possible, postal transport is cancelled by the inspection.
(9) International postal bills are also allowed to receive foreign payments. The payee shall inform the post office of the reason for the payment. International postal vouchers are permitted only with permission from the Ministry of Finance.
Entitlement of customs authorities to carry out foreign exchange control
(1) For the purpose of more effective supervision of the maintenance of foreign exchange regulations in contact with foreign countries, the customs authorities are responsible for examining (Section 7 (1) of the Act) baggage, means of transport, other than letters, as well as for examining persons crossing national borders. In cases where, under customs legislation, exemption from customs clearance applies, no foreign exchange check shall be carried out. *)
(2) With regard to letters, the customs authorities shall be responsible for examining them only:
(a) in the cases referred to in Article 11 (1),
(b) in cases where the post office submits the letter of mail to the customs authorities for customs consultation.
Declaration by some persons for foreign exchange foreigners
(1) International organisations are not considered foreign exchange domestic even if they have their head office in the country.
(2) In addition, they shall not be considered as foreign exchange domestic even if they have remained in the country for more than one year:
(a) foreign nationals - members of the diplomatic mission of foreign representative offices in the Czechoslovak Socialist Republic (Head of Mission, members of diplomatic, technical, administrative and service staff), members of their families and their private servants, if they are registered with the Ministry of Foreign Affairs and if reciprocity is guaranteed,
(b) foreign nationals belonging to personnel of international organisations, institutions or bodies operating in the territory of the Czechoslovak Socialist Republic and members of their families;
(c) foreign nationals belonging to personnel representing foreign companies (enterprises) operating in the territory of the Czechoslovak Socialist Republic and members of their families, if reciprocity is guaranteed,
(d) foreign nationals residing in the Czechoslovak Socialist Republic only temporarily and exclusively for the purpose of performing certain work (fitters, technical advisers, experts, etc.), for the purpose of studying at Czechoslovak schools, for practice and training or for treatment.
Authorisation for foreign exchange residents staying abroad to dispose of certain values
Foreign domestic nationals who, during their stay abroad, receive foreign currency or foreign claims for work or performance may use these funds only to cover reasonable expenses associated with their stay abroad (in particular for accommodation, meals and travel abroad) and to purchase items for reasonable personal use, small gifts and souvenirs.
Establishment of foreign exchange domestic accounts with foreign monetary institutions
(1) Foreign domestic residents may, if not for the cases referred to in paragraph 3 or for the values reported in accordance with Paragraph 21 (1) and (2), set up accounts with foreign monetary institutions only with the permission of the Ministry of Finance or the Ministry of Foreign Trade.
(2) The establishment of the accounts referred to in paragraph 1 shall be subject to reporting by foreign exchange residents to the State Bank and, at its request, to communicate to it the necessary information.
(3) Foreign exchange residents referred to in Article 14 may deposit the foreign currency obtained during their stay abroad on accounts and foreign holding books without the permission of the Ministry of Finance or the Ministry of Foreign Trade. This is without prejudice to their obligations under Articles 5 and 6 of the Act.
Relief from the obligation to supply precious metals
(1) The State Bank may not be offered:
(a) precious metals for industrial, technical or consumer purposes managed by socialist economic organisations;
(b) precious metals in fractions, including previously processed gold, silver and platinum, if they come from products which have served a reasonable personal need and are held by owners; previously processed gold, silver and platinum means damaged products of these precious metals, but not damaged at such a stage as to be considered as precious metal in fractions (fraction),
c) Gold and platinum coins invalid in the territory of the Czechoslovak Socialist Republic
(aa) in the public museum collection without restriction;
(bb) in a private collection, the owner of which is a full member of the Czechoslovak numismatic society, in a quantity of not more than 3 pieces of the same type, year and provenance,
(cc) having a monument value of not more than 3 pieces per person for their holders,
d) silver coins invalid in the territory of the Czechoslovak Socialist Republic
(aa) in the public museum collection without restriction;
(bb) in a private collection, the owner of which is a full member of the Czechoslovak numismatic society, in a quantity of not more than 3 pieces of the same type, year and provenance,
(cc) having a monument value of up to 1 kg pure weight per person for their holders.
(2) Precious metals covered by paragraph 1 (b) to (d) may only be treated as follows:
(a) invalid gold and silver coins may acquire collector's values from private persons or be sold to private persons only by undertakings which receive special (numismatic) permits from the Treasury; other purchases and sales of such coins require permission from the Ministry of Finance,
(b) invalid gold and silver coins may be donated to foreign exchange residents;
(c) precious metals in fractions, previously processed gold, silver and platinum and invalid coins of precious metals may be sold by foreign exchange residents to state-owned sales responsible for the purchase of precious metals,
(d) precious metals, except gold and platinum coins and numismatic coins, may be used by their owners to produce articles of precious metal.
Other concessions
(1) The authorisation of the Ministry of Finance pursuant to § 6 (4), (6) and (7) of the Act is not required in the following cases:
(a) for the purchase, processing and sale of precious metals allocated to socialist economic organisations for industrial, technical or consumer purposes;
(b) the purchase and exchange of gold, platinum and silver coins which are invalid in the territory of the Czechoslovak Socialist Republic by organisations managing public museum collections;
(c) the treatment of claims against foreign exchange foreigners by the State Bank;
(d) to pay taxes and charges on foreign exchange foreign exchange claims against domestic nationals;
(e) to pay taxes and charges on claims owed to foreign exchange residents abroad;
(f) to entertain foreign exchange foreign exchange residents in their household, to pay for occasional lunches, dinners, etc., foreign exchange residents for foreign exchange foreigners; expenditure on representation organisations in connection with the residence of foreign exchange foreigners in the country but only up to the amount laid down for state organisations in the representation rules,
(g) to take over or recognise an obligation towards abroad to provide for the payment of personal needs by law at the normal and appropriate levels;
(h) to procure and acquire, as a legacy or a legacy, in the event of death, values, rights and entitlements within the country and abroad;
(i) to pay the appropriate remuneration and demonstrable expenses to foreign exchange agents representing foreign exchange residents when discussing their claims for inheritance or the sale of their property abroad, provided that the mandate for the agent has been sent with the permission of the Ministry of Finance pursuant to Article 2 (4) (c) of the Act;
(j) to pay the inheritance to foreign exchange foreigners if the acquisition of the inheritance in the country is confirmed to them, if notarial charges on the inheritance are paid and the reciprocity in making payments of this kind is guaranteed,
(k) the payment of expenses related to the management and maintenance of foreign exchange domestic assets on claims incurred abroad on the proceeds of such property, as well as the payment of current interest and capital repayments on mortgage loans under the conditions set out in paragraph 2;
(l) for the payment of rent from domestic immovable property of foreign exchange strangers to the rental accounts of domestic monetary institutions or their administrators, for the payment of expenses related to the management and maintenance of real estate, for the payment of mortgage liabilities linked to such immovable property and for the transfer of the net return of the property to the owner's foreign account;
(m) transfer of foreign accounts between domestic monetary institutions.
(2) By 15 April each year, a foreign-exchange pencil must be submitted to the Ministry of Finance or to the organisations entrusted with the clear compilation of income from foreign property and the issue for the previous year and must have a net income paid to the domestic country or, if no payment is possible, to declare where the income is deposited.
Authorisation to sell foreign tickets
Travel tickets for the foreign section of lines (railway, ship, air, etc.) may be sold by Czechoslovak transport companies (in particular Čedok, Czechoslovak transport office, Czechoslovak railway, Czechoslovak airline) on the basis of permission granted by the Ministry of Finance to these undertakings.
Use of fasteners in contact with abroad
When using means of communication, foreign exchange residents are obliged to maintain the greatest economy in contact with foreign countries.
Foreign accounts
(1) A foreign exchange account is an account held in a Czechoslovak or foreign currency with a domestic monetary institution, either for foreign exchange foreigners or for which it is authorised or co-entitled to dispose of foreign exchange aliens. Such an account shall be marked as a foreign account and may be incurred without the consent of the owner.
(2) Salaries for foreign exchange accounts and salaries shall be deemed to be salaries for foreign exchange (s). Such salaries shall require the approval of the Ministry of Finance or, where appropriate, the Ministry of Foreign Trade. This shall not apply where the cases referred to in paragraphs 3 to 7 and in Article 17 (1) (d), (j) and (l) are the cases referred to in paragraphs 17 (1) (d), 17 (1) and 17 (1), or where the credits are from abroad to cover the outstanding balance of foreign accounts held in Czechoslovak crowns.
(3) Net real estate income in the domestic land belonging to foreign exchange foreigners may be deposited in their foreign exchange accounts without the permission of the Ministry of Finance, provided that the financial institution is presented with a proper bill for the period covered by the credit.
(4) Reimbursement of the inheritance of foreign exchange foreigners in the country may be made up of foreign exchange accounts of owners without the permission of the Ministry of Finance on the basis of a decree of the State notaries and only up to the amount laid down by this resolution.
(5) Foreign exchange residents may have foreign accounts with the State Bank which arise without the permission of the Ministry of Finance or the Ministry of Foreign Trade.
(a) in the foreign currency of foreign currency subsidies or transfers from other accounts held in the same currency;
b) in Czechoslovak crowns, foreign currency subsidies converted into Czechoslovak crowns or transfers of Czechoslovak crowns from clearing accounts. Credit balances may be freely treated for payment abroad or domestic. The State Bank shall decide whether to pay in a foreign currency other than the currency of the account or in the Czechoslovak koruna or whether to pay abroad in a currency other than that of the account.
(6) Foreign banks may have transfer accounts held in Czechoslovak crowns with the State Bank. These accounts are incurred without the permission of the Ministry of Finance or, as the case may be, the Ministry of Foreign Trade by subsidies of foreign currency made available to the State Bank, transfers from other transfer accounts of the same type or credits on the basis of the permission of the Ministry of Finance or the Ministry of Foreign Trade. The credit balances of transfer accounts may be freely disposed of in the country to purchase the foreign currency from which they originated and to transfer to transfer accounts of the same type. The State Bank shall decide whether to pay abroad in a foreign currency other than the one subsidised.
(7) Foreign exchange residents may have foreign currency-subsidised accounts with the State Bank or Czechoslovak crowns obtained under the permission of the Ministry of Finance or the Ministry of Foreign Trade, and may freely dispose of such accounts for payment of personal expenses in the country. Payment abroad is decided by the Ministry of Finance or the Ministry of Foreign Trade. If such an account has been recognised as a transfer account upon its creation, the procedure laid down in paragraph 5 shall be followed.
(8) Cash institutions may freely settle in foreign accounts their remuneration and expenses associated with the management of such accounts, as well as the remuneration and expenses of ordinary bank transactions carried out for account holders, provided that such transactions are not authorised or are not subject to authorisation and may also freely charge final overdraft items in foreign accounts.
(9) The foreign exchange account shall also be a deposit account held with a domestic monetary institution for foreign exchange aliens or which is entitled or co-entitled to dispose of foreign exchange aliens if they are subject to the safekeeping value referred to in § 3 (1) (a), § 6 (1) and § 9 (1). Such an account must be marked as a foreign account. To open, manage and dispose of this foreign account, a prior approval of the Ministry of Finance is required.
Reporting of foreign claims and liabilities as well as other values
(1) The Ministry of Finance shall keep records of:
(a) claims, liabilities and claims on cash transactions for any reason against abroad, if they are incurred after 31 December 1948 and belong to organisations separately foreign exchange planners;
(b) abroad in the management of socialist sector organisations;
(c) fund values and equity shares of foreign exchange residents abroad and foreign exchange foreigners in the country.
(2) The records of the other values referred to in Article 6 (1) of the Act are kept by the Central Liquidator of Money Institutions and Enterprises in Prague ("Central Liquidator") and, as regards the records relating to Slovakia, the Regional Liquidator of Cash Institutions and Companies in Bratislava ("Regional Liquidator"). The Ministry of Finance may delegate these organisations to keep records of certain values referred to in paragraph 1.
(3) The reports and other submissions on the values referred to in § 6 (1) of the Act are made by foreign exchange domestic organisations with organisations that keep records of these values (paragraphs 1 and 2). This also applies in cases where socialist organisations have acquired or taken over these values by law, court or other authority.
(4) Reports shall be made on the prescribed forms, which contain detailed provisions and instructions for reporting. *)
(5) The records and reports of claims and obligations under the law of the Ministry of Foreign Trade are governed by the provisions of that Ministry.
Reporting of property legal disputes with foreign persons
(1) Foreign domestic residents are required to declare legal disputes affecting the assets referred to in Article 6 (1) of the Act. This does not apply if there are cases of patent, stamp and model protection, royalties of all kinds, fees for technical documentation, improvements and discoveries, as well as similar cases for which the competent Ministry of Foreign Trade * *) or if the foreign exchange resident is a foreign trade enterprise.
(2) The disputes referred to in paragraph 1 shall mean proceedings before domestic or foreign courts, arbitrators, administrative authorities or other bodies in which the foreign exchange seal acts as a prosecutor, defendant or other party.
(3) The reporting obligation shall be fulfilled:
(a) prior to the opening of the dispute if the dispute is to be initiated on the initiative of a foreign exchange domestic;
(b) as soon as the foreign exchange seal becomes aware that a dispute has been initiated on the initiative of a foreign exchange stranger in which he is to act as a defendant or another participant.
(4) Reports shall be submitted to the Central Liquidator or Regional Liquidator by letter, including a brief statement of the facts.
(5) At the request of the Ministry of Finance, made, where appropriate, by means of a Central (Regional) liquidator, foreign exchange domestic persons are required to communicate more details of their disputes with foreign property.
Foreign jurisdiction in transport matters
In the case of transport services (rail, ship, air, car), except for the authorisation and regulation of the sale of tickets and tickets abroad (§ 18), the Ministry of Foreign Trade is responsible.
General authorisations
(1) The Ministry of Finance and the Ministry of Foreign Trade in their field of competence may grant them as general authorisations to a socialist organisation, which again requires permission under the law for its activities. Such authorisation shall include the content and extent of the relief granted, the conditions under which the relief is granted, in particular the terms of the inspection, the date on which the authorisation is valid and the reservation of appeal.
(2) General authorisations in force under Article 23 of Decree No 191 / 1958 of the Úl. shall be deemed to be general authorisations granted under paragraph 1.
Empowerment of other sites
According to Article 7a (3) of the Law, the tasks of the State Bank under the provisions of this Decree may be entrusted to other places (e.g. Zivnostenska banka n.) by delegation.
Repeal
The Order of the Minister of Finance No 191 / 1958 of the Ú. l., on the Foreign Exchange Economic Act, is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
First Deputy Minister of Finance:
Dvořák v. r.
First Deputy Minister for Foreign Trade:
Hamouz v. r.
*) Export and re-import of Czechoslovak money is confirmed in the "Declaration on export and re-import of Czechoslovak money."
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Regulation Information
| Citation | Decree of the Ministry of Finance and the Ministry of Foreign Trade No. 6 / 1963 Coll., on the Foreign Exchange Economy Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.1963 |
|---|---|
| Effective from | 31.01.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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