Decree of the Minister for Foreign Affairs No. 80 / 1971 Coll.

Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on legal relations at the Czechoslovak-Polish state borders, on cooperation and mutual assistance on border issues

Valid Effective from 19.04.1971
80
DECLARATION
Minister for Foreign Affairs
of 31 May 1971
on the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on legal relations at the Czechoslovak-Polish state borders, on cooperation and mutual assistance on border issues
On 2 December 1967, the Treaty was signed in Prague between the Czechoslovak Socialist Republic and the People's Republic of Poland on legal relations at the Czechoslovak Polish state borders, on cooperation and mutual assistance on border issues.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Warsaw on 19 April 1971.
Pursuant to Article 33 thereof, the Treaty entered into force on 19 April 1971.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Marko v. r.

TREATY
between the Czechoslovak Socialist Republic and the Polish People's Republic on legal relations at the Czechoslovak-Polish state borders, on cooperation and mutual assistance on border issues
President of the Czechoslovak Socialist Republic and State Council of the People's Republic of Poland, led by an effort to deepen friendly cooperation and mutual assistance in marking, maintaining and protecting common state borders and adapting the border regime
they have decided to conclude this Treaty and to that end have appointed their agents:
President of the Czechoslovak Socialist Republic
Col Dr. Henry Thon,
Deputy Minister of Interior,
State Council of the People's Republic of Poland
D. Gen. Grzegorz Korczyński
Deputy Minister for National Defence,
who have exchanged powers of attorney found in good and proper form have agreed on the following provisions:

Progress and identification of national borders
For the purposes of this Treaty, the terms "national border 'or" border line' shall mean a line drawn according to the documents on the establishment of national borders (hereinafter referred to as "border documents'), which form an integral part of the Treaty between the Czechoslovak Republic and the Polish People's Republic on the final establishment of national borders, signed in Warsaw on 13 June 1958.
1. On land areas and in places where national borders intersect standing or flowing waters by crossing to the other shore, the border line is fixed and runs straight from one border sign to the other. The exception is the border line in Tatra, where the border line is broken between some neighbouring border signs, exactly after the water shift.
2. The border line shall be the centre of the journey at the common border routes in the sections leading along the national borders.
3. In common border trenches, the border line runs through the centre of the ditch.
4. The boundary line is variable at the border watercourses (rivers, streams and canals) and runs directly, quarry or along the curve of their centre line or centre line of the main arm.
1. At the border waterways, the border line is changed according to the movement of their centre line, which is caused by:
(a) by gradual natural changes in the shape of the shores of border watercourses;
(b) adjustments to border waterways made in agreement with the competent authorities of the other Contracting Party where there is no change in the area of the coastal territory of the Contracting Parties and where the coastal parcels of one Contracting Party do not become dry parcels of the other Contracting Party as a result of such modifications.
2. In determining the border line running through the centreline of the border watercourses, account shall be taken of the bays situated on it; in this case, a balanced line equal to the distance from the reasonably balanced lines of the two banks shall be considered to be the centreline of the boundary water flow. In places where it is not possible to pinpoint this line of shores, the centreline of the water centre line shall be considered to be the centreline of the boundary water flow at the water state that lasts for the longest year.
3. If there is a sudden natural change in the riverbed of the boundary watercourse and it is not possible to bring it into its original state, the Contracting Parties shall decide by mutual agreement whether the national borders on this section will remain unchanged or whether they will change and be reestablished.
Changes in the course of a border line other than those referred to in Article 3 may occur only if the Contracting Parties conclude a specific contract.
1. The crossing of the border line is marked by the boundary characters of the individual (comprising one milestone), the two milestones (comprising two milestones) and the three milestones (comprising three milestones). Border signs are located as follows:
(a) individually, directly at the border line, or alternately on both sides of the common border routes, ditches and border waterways;
(b) duplicated, at the beginning and at the end of common border roads, ditches and watercourses and at places where it is not possible to place a border sign directly in the border line for off-road obstacles;
(c) triple, as for double border signs, where the use of double border signs is insufficient to clearly indicate the course of the border line.
2. The contact of the state borders of the Czechoslovak Socialist Republic, the Polish People's Republic and the Union of Soviet Socialist Republics on the southwest slope of the top of the Kremence is marked with a iron-concrete monolith in the shape of a three-sided chamber needle; The contact between the state borders of the Czechoslovak Socialist Republic, the Polish People's Republic and the German Democratic Republic in the river Lusatian Nisa is marked by three iron-concrete monolith, each in the form of a three-sided chamber needle.
3. The course of the border line in the bay of the Orava dam is marked with iron-concrete monolites, each in the form of a four-sided chamber needle.
4. The boundary line on rocky terrain, especially in the area of Tater and Giant Mountains, is also marked by boundary signs carved directly into the rock.
5. The dimensions, shape and numerical markings of the border signs and their location in relation to the border line are laid down in the border documents.
6. The designation of a border line by a means other than that adopted in the course of the national borders, or the replacement of existing border signs of a different type, may take place only if the Contracting Parties conclude a specific contract.

Maintaining national borders and border features
1. The competent authorities of the Contracting Parties shall maintain national borders at full length in such a way that their conduct remains clear and clear.
2. Along the national borders, it is maintained in good condition and cleaned from the crops of the border line 1 metre wide on each side of the national border, calculated from the crown of trees, along the national borders running by the border water flows border line 2 m wide on each shore. However, this provision shall not apply to the vegetation strengthening of the shores.
3. The cultivation of high cultures and the construction of any building and equipment in the border lane provided for in paragraph 2 shall not be permitted except where the competent authorities of the two Contracting Parties agree otherwise. The prohibition on building buildings and equipment shall not apply to buildings and equipment intended for the protection of national borders.
4. The competent authorities of the Contracting Parties shall ensure on their territory the cleaning of the border bar provided for in paragraph 2.
1. The competent authorities of both Contracting Parties shall carry out joint inspections during the border line at border waterways by measuring and other field work. Such inspections shall be carried out every 10 years, unless the competent authorities of one of the Contracting Parties so request earlier.
2. Where a change is detected during a border line within the meaning of Article 3 (1), the competent authorities of the two Contracting Parties shall carry out a new focus and indication of the valid border line path. Such works shall be subject to registration, a specimen of which shall be established by the competent authorities of the Contracting Parties; each entry shall be attached to the frontier documents. Where there is a change in the course of the border line within the meaning of Article 3 (3) and Article 4, the competent authorities of the two Contracting Parties shall draw up documents on the reestablishment of the national borders.
3. In order to carry out the work referred to in paragraphs 1 and 2, the competent authorities of the Contracting Parties shall invite experts and other persons on the basis of parity.
4. Minutes and documents drawn up within the meaning of paragraph 2 shall be subject to approval in accordance with the laws of the Contracting Parties and shall enter into force on the date of the exchange of notes on their approval.
5. The new documents for each section of the border waterways referred to in paragraph 4 shall replace the border documents in relation to those sections.
6. The competent authorities of the Contracting Parties shall keep the banks of border waterways in good condition so that, except in the cases referred to in Articles 3 and 4, no change occurs during the border line.
1. The competent authorities of the Contracting Parties shall maintain border signs in such a condition that their location, appearance, shape, dimensions and colours comply with the requirements laid down by the frontier documents.
2. The competent authorities of the Contracting Parties shall carry out, every five years, a joint examination of the status and location of the border features within the meaning of paragraph 1; they shall draw up a report on these works. Where appropriate, such checks may involve the carrying out of assessment work carried out by the competent authorities of the Contracting Party which maintains those characteristics in accordance with Articles 9 and 10; representatives of the competent authorities of the other Contracting Party shall participate in such work.
3. The work related to the assessment referred to in paragraph 2 may also be carried out in exceptional cases where justified by the competent authorities.
4. The Protocol, drawn up within the meaning of paragraph 2, shall contain in particular the result of the joint examination of the state of the border signs, the course of the border line, the state of the border lane as provided for in Article 6 and the dates of the work carried out in connection with the maintenance of the border signs. Minutes drawn up in accordance with Article 7 (2) and Article 11 (7) shall be annexed to this Protocol; the Protocol shall be subject to approval within the meaning of Article 7 (4).
The Contracting Parties shall maintain border signs as follows:
(a) the Czechoslovak Party maintains the border features in the territory of the Czechoslovak Socialist Republic and the Polish Party maintains the border features in the territory of the Polish People's Republic.
(b) the border features situated directly at the border line shall be maintained by each of the parties on the sections allocated to it; after each five-year period, both parties shall exchange the maintenance of the sections;
(c) the border features of the State Borders of the Czechoslovak Socialist Republic, the Polish People's Republic and the Union of Soviet Socialist Republics and the State Borders of the Czechoslovak Socialist Republic, the Polish People's Republic and the German Democratic Republic referred to in Article 5 (2) shall be maintained by the Contracting Parties under specific agreements.
1. The following sections are defined for the maintenance of border signs:
úsek 1 - od hraničního znaku I/1 (Kremenec) k hraničnímu znaku 137/1,
úsek 2 - od hraničního znaku 137/1 k hraničnímu znaku II/1,
úsek 3 - od hraničního znaku II/1 k hraničnímu znaku II/172,
úsek 4 - od hraničního znaku II/172 k hraničnímu znaku III/1,
úsek 5 - od hraničního znaku III/1 k hraničnímu znaku 160/9,
úsek 6 - od hraničního znaku 160/9 k hraničnímu znaku IV/1,
úsek 7 - od hraničního znaku IV/1 k hraničnímu znaku 132/12,
úsek 8 - od hraničního znaku 132/12 k hraničnímu znaku V/1,
úsek 9 - od hraničního znaku V/1 k hraničnímu znaku V/143,
úsek 10 - od hraničního znaku V/143 k hraničnímu znaku VI/1,
úsek 11 - od hraničního znaku VI/1 k hraničnímu znaku VI/83,
úsek 12 - od hraničního znaku VI/83 k hraničnímu znaku na styku státních hranic Československé socialistické republiky, Polské lidové republiky a Německé demokratické republiky.
2. For a period of five years, as from the date on which this Treaty enters into force, they shall maintain the border features of:
(a) the Czechoslovak Party on sections 1, 3, 5, 7, 9, 11,
(b) the Polish side on sections 2, 4, 6, 8, 10, 12.
3. On the basis of a protocol drawn up within the meaning of Article 8 (4), the border agents concerned shall carry out the transmission and take-over of the sections within the meaning of Article 9 (b) as soon as possible.
1. Where a border sign is lost, destroyed or damaged, it shall be renewed or corrected by the competent authorities of the Contracting Party in whose territory the border sign is located or maintained.
2. Where border signs which have been damaged or destroyed at border waterways are restored or re-planted, the location of those characters may be changed and replanted where they are not endangered or destroyed; Such transfer of border signs shall not affect the course of the border line.
3. The provisions of paragraph 2 may also apply, where necessary, to the sections of the national borders running on common border roads and ditches, as well as through gillnets.
4. Where necessary, additional border markings may be fitted in such a way as not to change the course of the border line. These characters shall correspond to the models shown in the border documents.
5. The renewal, re-installation or relocation of border signs, as well as the installation of additional border signs, may only be carried out jointly by the competent authorities of the Contracting Parties.
6. If it is found that the measurement data reported in the border documents do not match the results of the joint measurement carried out in the field, the results of field measurements shall be valid in this case, provided that the location of the border characters has not changed since the national border was established.
7. For each border character placed in a new place within the meaning of paragraph 5 and in the case referred to in paragraph 6, the registration referred to in Article 7 (2) shall be made in duplicate, in the Czech or Slovak and Polish languages; the entry must correspond to and be attached to border documents. Article 7 (4) shall apply mutatis mutandis.
8. The competent authorities of the Contracting Parties shall take the necessary measures to ensure appropriate protection of border signs. In the event of damage or destruction of the border sign, the costs of repair or renewal shall be borne by the party in whose territory the person who caused the damage or destruction is resident; if the person cannot be identified or if the damage or destruction of the boundary character is due to natural influences, the costs associated with the repair or renewal of the Contracting Party which maintains that boundary character pursuant to Article 9 shall be borne.

Border agents
1. The principal border agents, the representatives of the main border agents, the border agents, the representatives of border agents and the helpers of border agents who carry out the tasks arising from this Treaty are hereby established.
2. The Government of each State appoints the main border agent for the Czechoslovak-Polish state borders.
3. The Minister responsible shall appoint a representative of the main border agent, the border agent and their representative.
4. The border agent shall appoint his assistants.
1. Main border agents shall in particular:
(a) evaluate the issues of national border control, the state and the maintenance of border features and jointly implement measures to ensure proper national borders;
(b) coordinate the activities of border agents;
(c) coordinate the activities of border authorities in the protection of national borders and establish principles for the implementation of common measures at national borders;
(d) discuss serious events at national borders;
(e) discuss issues which have not been resolved by border agents or which go beyond the competence of border agents;
(f) proceed to the diplomatic procedure on issues which they could not resolve and which go beyond their competence; they shall be informed of the referral.
2. Paragraph 1 shall not preclude the possibility of transmission to the principal border agents for further consideration of a matter which has been discussed by diplomatic channels.
1. Border agents shall evaluate the state of national border control and coordinate the service of border authorities.
2. Border agents shall investigate, discuss and, where their competence so permits, deal with events and other cases at national borders, in particular:
(a) shooting across national borders and its consequences;
(b) death or battery as a result of an activity which has caused such consequences in the territory of the other Contracting Party;
(c) unauthorised crossing of national borders;
(d) unauthorised stalling of river vessels at the shore of the other Contracting Party;
(e) the findings of objects and animals found in the territory of the other Contracting Party;
(f) the transfer, damage or destruction of border signs; to that end, carry out a survey of the state and location of the border signs and at the same time the state of the border lane referred to in Article 6 (2), inform each other of the deficiencies identified and transmit proposals for the correction of defects,
(g) theft, theft or destruction and damage to property within the territory of the other Contracting Party;
(h) unauthorised cross-border contact;
(i) cases of disturbance at national borders resulting in a claim for compensation;
(j) other border issues which need not be addressed by the principal border agent or diplomatic channels.
3. Border agents shall every 2 years carry out joint checks on the border features and the border lane referred to in Article 6 (2); joint inspections may also take place exceptionally.
4. Border agents shall immediately inform each other of cases of mass occurrence of human, animal and plant diseases, the occurrence of field and forest pests, as well as of the risk of fire in border areas in order to enable the competent authorities to take action against the spread of such diseases, pests or fires.
5. A border agent may refer any question of particular importance to the principal border agent, which shall at the same time inform the border agent of the other Contracting Party.
6. Especially serious cases at national borders, such as deaths and serious harm to health, must always be handled through the principal border agent for diplomatic consultation; However, even in such cases, border agents are required to investigate the case properly.
7. The investigation of events and other cases at national borders shall be carried out on the spot. If necessary, a record shall be drawn up of the conduct and outcome of this investigation, supported by the necessary sketches, photographs and other documents; such acts shall not have the character of search or investigation.
8. The provisions of this Article shall not preclude the possibility of the matter which has been dealt with by the main border agents or by diplomatic channels being referred to border agents.
1. The representatives of the main border agents and the representatives of border agents shall, within the scope of their activities, have the same rights and obligations as those they represent.
2. Border agents' assistants shall carry out the tasks assigned to them by border agents or their representatives.
The main border agents, their representatives, border agents, their representatives and their assistants shall meet in principle at joint border meetings or meetings.
1. Border agents shall be required to take adequate measures to prevent unauthorised crossing of national borders. Border agents shall inform each other of the measures taken against the breaches of the national borders.
2. The border authorities shall be obliged to take measures, without delay, upon receipt of a notification of an unauthorised crossing of national borders to catch a person who has breached national borders; the result shall be communicated to the border agent of the other Contracting Party.
3. In the event that the traces of a person who has illegally crossed a national border lead to the territory of the other Contracting Party, the prosecuting authorities must transmit all necessary data to the border authorities of the other Contracting Party without delay and thereby allow them to pursue further prosecution.
4. In the event that immediate prosecution is conducted across national borders, prosecution may take place in the territory of the other Contracting Party with the consent of its border agent or his representative; without such consent, prosecution may be conducted - with the exception of cities and municipalities - only in cases where delay could result in a risk of escape of the offender, but only in a place where the prosecuting authority reaches the authority of the other Contracting Party; prosecutions on the territory of the other Contracting Party shall not be carried out beyond five kilometres. In prosecution, the prosecuting authority shall not use weapons except in cases of necessary defence, nor shall it conduct a personal and home search; However, he / she may be satisfied that the person detained does not carry and remove items which he / she could use to attack the fighter authority.
5. An immediate prosecution shall be considered to be a case where the wanted person is in the sight of a fighting authority or if the service dog is following a scent.
6. The person detained for prosecution in the territory of the other Contracting Party shall be transferred to the border authorities of that Party together with the items which he carried at the time of prosecution and detention. The provisions of Articles 18-20 shall apply mutatis mutandis.
1. Persons who have intentionally crossed national borders and have been detained shall, by decision of the border agent of the Contracting Party in whose territory they have been detained, be transferred to the border agent of the other Contracting Party, as a rule within 48 hours of the date of detention. At the same time, articles carried by such persons at the time of detention and exported from the territory of the other Contracting Party shall be transferred. However, the means of payment illegally obtained by the Contracting Party in whose territory the person has been detained shall not be returned.
2. The persons referred to in paragraph 1 shall not be transferred if they are citizens of the Contracting Party in whose territory they have been detained.
3. The persons referred to in paragraph 1 need not be transferred if, in addition to the unauthorised crossing of national borders, they have committed a criminal offence in the territory of the Contracting Party where they were detained and are prosecuted against that offence against those persons.
4. If the transfer of the persons referred to in paragraph 1 has not taken place on the grounds referred to in paragraph 3, or if the transfer cannot be carried out within 48 hours for any other reason, the border agent of the other Contracting Party shall be informed of this no later than eight days from the date of the detention of such person and the reasons therefor shall be communicated. In such cases, the competent authorities shall decide on the transfer.
Persons who have inadvertently crossed national borders and have been detained in the territory of a Contracting Party shall be transferred without delay to the nearest border authority of the Contracting Party from whose territory they have come. At the same time, articles carried by such persons at the time of detention and exported from the territory of the other Contracting Party shall be transferred.
2. Where the persons referred to in paragraph 1 have committed an offence in the territory of the Contracting Party where they have been detained, the provisions of Article 18 (3) and (4) shall apply mutatis mutandis.
A border agent of one Contracting Party may refuse or delay the taking-over of persons referred to in Article 18 or 19 transferred by a border agent of the other Contracting Party, indicating the reasons for the refusal or postponement.
1. Border agents shall jointly discuss claims for damages caused by a breach of order at national borders, unless the damage incurred in the territory of the Czechoslovak Socialist Republic of Kès 1000 and the damage caused in the territory of the Polish People's Republic exceeds 1500 zlotys. If no agreement is reached between them, the matter shall be referred to the principal border agent for further action. If the main border agent fails to deal with the matter or exceeds that amount, the matter shall be referred for consideration by diplomatic channels.
2. The compensation arrangements shall be agreed upon by the competent authorities of the Contracting Parties in accordance with the applicable rules on payment between the two States.
3. The decisions of border agents in the cases referred to in paragraph 1 shall not preclude the possibility of claiming legal proceedings.
4. The amounts referred to in paragraph 1 may be amended by a note exchange.
1. The principal border agents and their representatives, border agents and their representatives, assistants, experts, translators and other persons accompanying them at the crossing of national borders and at the time of their stay in the territory of the other Contracting Party, in connection with the performance of their professional activities under this Treaty, shall be exempt from import and export restrictions, customs duties and other charges in respect of their official documents, means of transport and other items intended for their official activities and necessary personal use.
2. The principal border agents and their representatives, border agents and their representatives shall be exempt from customs inspection when crossing national borders in connection with their activities within the meaning of this Treaty; the exemption also applies to the articles referred to in paragraph 1 and carried by them.
3. The persons referred to in paragraph 1 may wear a uniform and a personal weapon during their stay in the territory of the other Contracting Party; in the performance of their duties in that territory, enjoy personal integrity; their official documents shall also be inviolable. The other Contracting Party shall provide such persons with the necessary assistance, in particular by providing them, upon request, with means of transport, accommodation and links with their own authorities.

Use of common paths and paths
1. Borders which have been recognised as common in the Borders documents by the Contracting Parties, as well as routes and paths which are partly located in the territory of one Contracting Party and which have been established as common by other Treaties, shall be accessible to the citizens of both States without distinction.
2. The competent authorities of the Contracting Parties shall determine in mutual agreement the principles of maintaining common routes and paths.
1. Citizens of the Contracting Parties using common routes and paths shall be subject to the legislation of their State.
2. The border and customs authorities of the Contracting Parties may, in the performance of their service on common routes and routes, request the submission of an identity card from all persons using such routes and paths.
3. If a citizen of one of the Contracting Parties using common routes or routes of illegal conduct under the law of his State is committed, the authorities referred to in paragraph 2 may detain him and arrange for the matters which were the object or serve to commit the illegal conduct.
4. Citizens of the Contracting Parties detained on the common routes and routes referred to in paragraph 3 shall be transferred to the authorities of their State. At the same time as detainees, items which they had with them at the time of detention, except for the illegally obtained means of payment of the Contracting Party whose authorities were detained, shall be transferred.
5. In the event of detention of the citizens of the Contracting Parties at the time of joint unlawful conduct, the detention authority shall transmit to the authorities of its State the detained citizen of the other Contracting Party, together with the items in its possession. Transfers shall not be subject to cases which have been the subject of, or have served to commit, unlawful conduct and unlawfully obtained means of payment of the Party whose authorities have carried out detention.
6. The surrender of persons detained pursuant to paragraphs 4 and 5 shall take place within 48 hours of the date of detention.

Use of railways, roads, waterways and other transport facilities which run or are cut by national borders
1. Operation on, or cut-off by, railways, roads, waterways and other transport facilities, and on designated border crossing points, are subject to specific contracts, which also cover maintenance and renewal issues.
2. The competent authorities of each Contracting Party shall place in their territory barriers (bars) or special features and keep them in good condition where the national borders are cut within the meaning of paragraph 1.

Agriculture, forestry, fishing and hunting
1. Each Contracting Party shall operate on land adjacent to the national borders in such a way that it does not cause damage to the economy of the other Contracting Party; In particular, it shall use appropriate means to prevent the accumulation of human, animal, plant diseases and the accumulation of field and forest pests. The competent authorities of the Contracting Parties shall assist each other in doing so.
2. The competent authorities of the Contracting Party in whose territory a forest fire has arisen near national borders shall apply all possible measures to locate and extinguish the fire and prevent it from spreading across national borders. Where there is a risk of forest fire spreading across national borders, those authorities shall immediately inform the competent authorities of the other Contracting Party in order to use appropriate means to locate the fire.
1. Persons residing in the territory of one of the Contracting Parties may fish in border waters up to the border line, subject to the applicable rules of the State from whose territory they fish.
2. Fishing is allowed in daylight, from sunrise to sunset. Fishing at night may be carried out only with the consent of the border authorities.
3. Fishing and protection of fish in frontier waters shall be governed by a special contract.
1. The competent authorities of the Contracting Parties shall, where appropriate, agree on matters relating to the protection of cloven-hoofed and feathered game as well as on periods of the fishing ban currently in progress at each section of the national border.
2. The border authorities of the Contracting Parties shall be informed of the time and places where they will be organised close to the national border of the hunt using firearms.
3. In the case of hunting, it shall be prohibited to shoot or chase cloven-hoofed and feathered game in the territory of the other Contracting Party.

Common provisions
The Contracting Parties shall be informed by exchange of notes which authorities shall be competent within the meaning of this Treaty. The note exchange shall take place within 90 days of the date of application of this Treaty.
The competent central authorities of both Contracting Parties may conclude the agreements necessary for the implementation of this Treaty.
Joint decisions of the main border agents and their representatives, border agents and their representatives shall become authentic by signature, unless otherwise specified therein.

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Regulation Information

CitationDecree of the Minister for Foreign Affairs No. 80 / 1971 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on legal relations on the Czechoslovak-Polish state borders, on cooperation and mutual assistance on border issues
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation31.08.1971
Effective from19.04.1971
Effective until-
Status Valid
The regulation text is for informational purposes only.
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