Decree No. 60 / 1980 Coll.
Decree of the Federal Ministry of Foreign Trade on the granting of permits for foreign trade and on the conduct of foreign trade activities by foreign persons
Valid
Effective from 01.07.1980
60
DECLARATION
Federal Ministry of Foreign Trade
of 29 May 1980
on the granting of authorisation for foreign trade activities and the conduct of foreign trade activities by foreign persons
The Federal Ministry of Foreign Trade provides, pursuant to § 9 and 12 (3) of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs ("the Act '):
Application for a foreign trade permit
(1) The applicant shall indicate in particular:
(a) their name (s), registered office (es) and subject matter of business;
(b) the proposed scope of foreign trade activity, and where it also requests authorisation to export and import goods, the labelling of the tariff nomenclature;
(c) the concept of carrying out foreign trade activities as well as the expected results; where it proposes to carry out this activity for a longer period of one year, it shall also indicate the expected results of the first year of activity;
(d) the means of ensuring the conduct of foreign trade in the field of organisational, material, personnel and financial activities.
(2) Czechoslovak legal persons who are socialist organisations submit a request through their superior central authority. This authority shall forward the request to the Federal Ministry of Foreign Trade ("the Ministry ') if it agrees.
(3) The foreign person shall support the information provided in the application by officially certified documents. In the application, the foreign person shall designate a Czechoslovak person authorised to provide legal assistance, who has been authorised to accept the communication concerning the processing of the application.
If the application does not contain the required particulars or is not supported by the prescribed documents, the Ministry shall invite the applicant to remedy the deficiencies identified. If the applicant does not comply with this call within the time limit set, the Ministry shall reject the request.
Amendment and withdrawal of authorisation for foreign trade
(1) If the facts justify the withdrawal or modification of a foreign trade permit arise, the Ministry shall send the decision to withdraw or modify that authorisation to the person who has been granted.
(2) For Czechoslovak legal persons who are socialist organisations, the Ministry shall notify the intention of authorising foreign trade to amend or revoke the central authority through which the application was made and request its opinion. The Ministry shall decide on the amendment or revocation of the authorisation after the statement of that central authority or after the expiry of the period laid down for the submission. It shall send a copy of the decision to that authority.
Foreign business activity without authorisation
(1) Foreign trade permit is not required:
(a) 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;
(b) to export and import documents, informative documents or a reasonable number of samples and preparations which cannot be replaced by documentation, or other items, if they are necessary for the conclusion or execution of contracts for the provision of foreign economic services, provided that the exported or imported goods are not intended to serve in production;
(c) the export and import of documents, information material, including promotional and recruitment material, or a reasonable number of samples and preparations which cannot be replaced by documentation, carried out in connection with other forms of foreign economic activity by or with the approval of an organisation authorised to do business abroad;
(d) the export and import of information material made free of charge between Czechoslovak and foreign research and development institutes of production organisations, designated by the superior central authority in agreement with the Ministry;
(e) to export, import or purchase abroad an adequate quantity of food or other goods intended to meet the personal needs of passengers and crews during transport by persons authorised to carry out foreign economic activities in the field of transport;
(f) for the movement of means of transport across the borders of the Czechoslovak Socialist Republic with the relevant technical equipment and relevant documents in the legitimate operation of international transport;
(g) to export and import the spare parts necessary to ensure the necessary operation of the means of transport by Czechoslovak legal persons abroad or by foreign persons in the Czechoslovak Socialist Republic, and to import the foreign forms used in carrying out transport under international agreements, provided that they are carried out by Czechoslovak legal persons authorised to provide foreign economic services in the field of transport;
(h) to import and export goods related to the participation of foreign persons in exhibitions and fairs organised by Czechoslovak legal persons entitled to do so, as well as to carry out promotion activities by foreign persons at such events;
(i) to export and import agricultural machinery for the purpose of assistance in agricultural works, provided that the agreement is given by the Ministry of Agriculture and Nutrition of the Republic and that such agricultural machinery will be exported or imported back upon completion of the assistance.
(2) The export and import of the fuel necessary for the operation of the means of transport are governed by the rules on non-commercial exports and imports. 1)
(1) Foreign trade undertakings or other Czechoslovak legal persons authorised to export or import goods may provide services related to this activity without authorisation.
(2) Czechoslovak legal persons who are authorised to do business abroad or to provide foreign economic services abroad or who may carry out such activities without authorisation may accept services which are necessary for carrying out such activities without authorisation. Czechoslovak legal persons providing foreign economic transport services may receive services related to the operation of transport equipment abroad.
(3) The Foreign Trade Organisation (1) may, without authorisation, export and import goods and provide services necessary for the performance of obligations under contracts concluded in direct relations between Czechoslovak legal persons not authorised for foreign trade activities, and the organizations of the Member States of the Council of mutual economic assistance, provided that, according to its subject matter, it is justified to export or import at least one type of such goods or services.
Foreign persons do not need authorisation for foreign trade to provide one-off services to foreign persons in the territory of the Czechoslovak Socialist Republic, provided that such services are related to the satisfaction of their personal needs or to the conclusion or performance of contracts in international trade.
Implementation of foreign trade activities by foreign persons in the territory of the Czechoslovak Socialist Republic
(1) Foreign persons may engage in foreign trade activities within the territory of the Czechoslovak Socialist Republic to which they are authorised under Paragraph 7 (2) (a) of the Act to the following extent:
(a) negotiate contracts through foreign natural persons residing in the territory of the Czechoslovak Socialist Republic in one calendar year for a period not exceeding 6 months;
(b) discuss the conclusion of contracts through Czechoslovak legal entities which are authorised to engage in foreign trade activities relating to the provision of services in the brokering of commercial transactions or which may, by law, carry out such activities without authorisation;
(c) negotiate the conclusion of contracts through a commercial agent established on the basis and within the framework of an authorisation granted under Paragraph 38 of the Act;
(d) to provide for the performance of contracts through foreign persons or Czechoslovak legal persons who are authorised to engage in or may carry out such activities without authorisation.
(2) The Ministry may, in justified cases, extend the period referred to in paragraph 1 (a) on the basis of a proposal from a competent foreign trade undertaking or another Czechoslovak legal person authorised for foreign trade.
(3) In the territory of the Czechoslovak Socialist Republic, the goods used by foreign persons to carry out contracts in the performance of foreign trade activities can only be purchased by the relevant Czechoslovak legal entities authorised for foreign trade activities.
Final provisions
This Decree shall take effect on 1 July 1980.
Minister:
Ing. Barčák v. r.
1) § 3 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs.
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Regulation Information
| Citation | Decree of the Federal Ministry of Foreign Trade No. 60 / 1980 Coll., on the granting of permits for foreign trade and on the conduct of foreign trade activities by foreign persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1980 |
|---|---|
| Effective from | 01.07.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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