Decree of the Minister for Foreign Affairs No. 7 / 1961 Coll.
Decree on the Trade Agreement between the Czechoslovak Socialist Republic and Japan
Valid
Effective from 26.09.1960
7
DECLARATION
Minister for Foreign Affairs
of 19 December 1960
on the Trade Agreement between the Czechoslovak Socialist Republic and Japan
On 15 December 1959, the Trade Agreement between the Czechoslovak Republic and Japan was signed in Tokyo.
The Treaty was approved by the National Assembly on 25 May 1960 and ratified by the President of the Republic on 3 September 1960. The instruments of ratification were exchanged in Prague on 26 September 1960.
Pursuant to Article 14 of the Treaty, the Treaty entered into force on 26 September 1960.
The Czech translation of the Treaty is announced simultaneously.
David v. r.
COMMERCIAL TREATY
between the Czechoslovak Republic and Japan
the Czechoslovak Republic and Japan,
Desiring to promote the development of trade relations between the two countries,
have decided to conclude the trade agreement foreseen in Article 5 of the Protocol on the renewal of normal contacts between the Czechoslovak Republic and Japan, signed on 13 February 1957, and have appointed to that end their agents:
Czechoslovakia
Dr Ladislav Šimovich,
the extraordinary and authorised Ambassador of the Czechoslovak Republic to Japan; and
Japan
Mr Hisanari Yamada,
Administrative Deputy Minister for Foreign Affairs of Japan,
who have exchanged their powers of attorney and found them in the appropriate form, have agreed on the following provisions:
Both Parties shall endeavour to promote and strengthen mutually beneficial trade relations between the two Parties within the limits of their laws and regulations and on the basis of the general principle of the highest advantages.
1. Each Contracting Party shall grant to products originating in the territory of the other Contracting Party or designated for the other Contracting Party treatment in accordance with the principle of the most favourable treatment on all matters relating to customs duties and levies of any kind imposed on importation or export or in connection with import or export, as well as the way in which such duties and levies are imposed, as well as any rules and formalities related to import or export.
2. The provisions of the preceding paragraph shall not apply to benefits granted by one Contracting Party:
(a) neighbouring States in order to facilitate border traffic; and
(b) for products of its national fishing industry.
1. Products of one Contracting Party, transported through the territory of one or more third countries, shall not be subject, on importation into the territory of the other Contracting Party, to customs duties or levies higher than those which they would be subject to if they were imported directly from the territory of that Contracting Party.
2. The provisions of the preceding paragraph shall also apply to goods which have been transhipped, repackaged and stored in warehouses during transit through the territory of a third country.
Products of any origin, transported in or out of the territory of one Contracting Party, shall be provided with free transit through the territory of the other Contracting Party on journeys most suitable for international transit.
Each Party shall grant to the products of the other Party the same advantages as domestic products and treatment according to the principle of greatest advantage on all issues relating to all internal taxes or other internal levies of any kind imposed on importation or in connection with the import of goods, as well as on all laws, regulations and regulations relating to internal sales, offers for sale, purchase, transport, distribution or use of imported goods in the territory of that Party.
1. No Contracting Party shall apply to the import or export of any product from or into the territory of the other Contracting Party prohibitions or restrictions which are not equally applicable to the import or export of the same product from or into the territory of all third States.
2. Notwithstanding the provisions of the preceding paragraph, each Party may apply import or exchange restrictions in order to protect the external financial position and balance of payments, provided that such restrictions apply to all countries under similar conditions.
1. Each Contracting Party undertakes to act in a manner compatible with the general principles of non-discrimination in its purchases or sales involving imports or exports if it sets up or maintains a State firm or provides any undertaking, whether expressly or in fact, with exceptional or specific advantages.
2. The provision of the preceding paragraph will mean that such an undertaking, taking into account the other provisions of this Treaty, shall carry out any such purchase or sale only in accordance with commercial considerations including price, quality, availability, market capacity and other terms and conditions of purchase or sale.
1. Each Contracting Party shall comply with the principles set out in the relevant provisions of the International Convention to facilitate the import of commercial samples and advertising material, concluded in Geneva on 7 November 1952, or any convention amending it or supplementing it, in so far as both Parties are Contracting Parties to these Conventions, in respect of the exemption from customs duties and levies on samples of goods and advertising material of the other Contracting Party.
2. Each Party shall provide, within the framework of its applicable internal laws and regulations, treatment of the most favourable principle of exemption from customs duties and levies for the following products of the other Party which are temporarily and again exported from its territory:
(a) articles intended for testing and experiments;
(b) articles intended for exhibitions, competitions and fairs,
(c) tools for the use of the fitter in the assembly and installation of equipment;
(d) articles for processing or repair and material needed for processing or repair;
(e) packaging of exported or imported goods.
1. The only persons entitled to conclude trade contracts with natural and legal persons of any foreign State are foreign trade undertakings as separate legal entities and other independent legal entities, authorised under the Czechoslovak laws to conduct foreign trade (hereinafter the "legal entities of the Czechoslovak Republic").
2. The legal persons of the Czechoslovak Republic and the natural and legal persons of Japan engaged in trade between the territories of the two Contracting Parties shall enjoy the same treatment as their own nationals as regards access to courts, administrative offices and agencies in the territory of Japan and the Czechoslovak Republic in order to resolve disputes arising from negotiations relating to such trade.
3. (1) Both Parties shall assume responsibility for the performance of arbitral findings made in disputes which may arise from or in connection with trade contracts concluded between the legal persons of the Republic of Czechoslovakia, on the one hand, and the natural and legal persons of Japan, on the other hand, provided that the settlement of such disputes has been determined directly in those Treaties or in special agreements negotiated in due form.
(2) The execution of the arbitration award may be refused in the following cases:
(a) if the finding has not become enforceable as a final decision under the law of the country where it was issued;
(b) if the finding obliges the parties to act which is inadmissible under the law of the Contracting Party where it is to be executed;
(c) if the finding is contrary to the public policy of the Contracting Party where it is to be executed;
(d) if the party against whom the finding is to be made has not been informed of the arbitration procedure in time to be able to attend the hearing or has not been duly represented as a result of legal incompetence.
(3) Arbitration findings will be carried out in accordance with the law of the Contracting Party where they are to be carried out.
1. Trading vessels of one Contracting Party shall be authorised, to the same extent and under the same conditions as trading vessels of the other Contracting Party and any third State, to enter and sail from all ports, locations and waters of that other Contracting Party, opened for foreign trade and navigation. Such ships of one Contracting Party shall be treated within the ports, places and waters of the other Contracting Party in the same way as ships of their own and in accordance with the principle of most favourable treatment on all matters relating to maritime transport and navigation.
2. The provisions of the preceding paragraph shall not apply to coastal trade. However, the sailing of commercial ships of one Contracting Party from a port to a port of the other Contracting Party under the laws and regulations of the other Contracting Party for the purpose of disembarking all or part of the passengers or cargo brought abroad or embarking all or part of the passengers or cargo for transport to a foreign State shall not be regarded as a coastal trade within the meaning of the above.
The Government of each Contracting Party shall consider favourably the proposals made by the Government of the other Contracting Party in relation to any question relating to the implementation of this Treaty and shall give the Government of the other Contracting Party a reasonable opportunity for consultation.
Nothing in the preceding Articles shall be interpreted in such a way as to prevent any Contracting Party from taking measures to protect its essential security interests.
Nothing in this Treaty shall affect the rights and obligations which any Contracting Party has or may have as a Contracting Party to the General Agreement on Tariffs and Trade, or any multilateral agreement, such amending or additional, provided that both Contracting Parties are Parties to that Agreement or agreements.
1. This Treaty will be ratified and the instruments of ratification exchanged in Prague at the shortest possible time.
2. This Treaty shall enter into force on the date of the exchange of instruments of ratification; it shall be valid for a period of five years and shall continue to be valid if it is not terminated as specified.
3. Each Contracting Party may terminate this Treaty at the end of the initial five-year period by a written notification sent to the other Contracting Party six months in advance or at any time thereafter.
To prove this, the agents of the Contracting Parties have signed this Treaty and sealed it with their seals.
Dane in Tokyo in duplicate in English on the 15th of December 1959.
For the Czechoslovak Republic:
Dr Šimovich v. r.
For Japan:
H. Yamada v. r.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 7 / 1961 Coll., on the Trade Agreement between the Czechoslovak Socialist Republic and Japan |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.1961 |
|---|---|
| Effective from | 26.09.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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