Communication from the Ministry of Foreign Affairs No. 80 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic and the Czech National Bank and the National Bank of Slovakia on the implementation of certain types of payments in the foreign exchange area
Valid
Effective from 25.02.1993
80
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 4 February 1993 the Agreement between the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic and the Czech National Bank and the National Bank of Slovakia on the implementation of certain types of payments in the foreign exchange area was signed in Prague.
The Agreement entered into force on the date of signature of its Article VIII (1) and will enter into force on the date of its publication in the Collection of Laws.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic and the Czech National Bank and the National Bank of Slovakia on the implementation of certain types of payments in the foreign exchange area
The Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic and the Czech National Bank and the National Bank of Slovakia (hereinafter referred to as the "Contracting Parties') agreed in accordance with Article 10 of the Payment Agreement between the Czech Republic and the Slovak Republic as follows:
The Contracting Parties undertake to maintain free transfers of payments to natural persons with permanent residence and legal persons established in the territory of the Czech Republic or the Slovak Republic (hereinafter referred to as "the Republic ') at least to the extent and under the conditions laid down by the Foreign Exchange Act No 528 / 1990 Coll., as amended by Act No 228 / 1992 Coll. (full version No 457 / 1992 Coll.) and Decree No 303 / 1992 Coll., implementing the Foreign Exchange Act, unless otherwise provided for in this Agreement.
These include, in particular, social payments such as pensions and maintenance, and so-called private transfers such as compensation, inheritance, insurance premiums and other payments listed in the Annex to this Agreement.
The Contracting Parties shall allow free transfers of payments intended to cover the costs of the activities of an organisational component of a legal entity established in the territory of one Republic located in the territory of the other Republic (Section 13a of the Foreign Exchange Act).
The Contracting Parties shall allow free transfers of payments to natural persons with permanent residence and legal persons established in the territory of the other Republic from the following titles:
(a) financial performance resulting from mutual employment (e.g. wage and other pay for work) and from the provision of physical security for jobseekers, *)
(b) maintenance fees determined by a judicial decision, a court settlement or an agreement between a compulsory and an authorised party;
(c) the cost of study in the territory of the other Republic, including the reimbursement of the scholarship;
(d) treatment costs beyond urgent treatment and spa care;
(e) the cost of staying in social and charitable care institutions and the cost of nursing care
and other titles arising directly from agreements concluded between the Czech Republic and the Slovak Republic.
The Contracting Parties shall allow mutual free transfers of loan instalments received by natural persons from banks in the territory of one Republic on the date of the currency distribution, unless such banks have established branches in the territory of the other Republic.
(1) The Contracting Parties will allow free transfers of the balances of foreign exchange koruna accounts of natural persons resident in the territory of the other Republic at the date of entry into force of this Agreement and interest on those accounts due on the date of transfer to the foreign exchange bank in the territory of the Republic where the owner is resident. The transfer of the balance shall be made possible provided that the account is entered by its owner as a foreign exchange with the bank with which the account is held within three months of the entry into force of this Agreement.
(2) The transfer referred to in paragraph 1 may be requested by a natural person within three months of the date of entry into force of this Agreement. In the case of a fixed-term deposit, the transfer shall be possible in that manner even after that period, within one month of the expiry of the period of notice.
(3) Transfers of balances and interest on foreign exchange accounts for which this period is not used will only be possible on the basis of the foreign exchange permission of the relevant national bank.
(4) In the period prior to the transfer referred to in paragraphs 1, 2 and 3, the owner of the foreign exchange account held in the national currency of the other Republic shall be exempt from the transfer obligation (pursuant to Paragraph 16 (3) of the Foreign Exchange Act).
(1) Payments under Articles I to IV will be made in accordance with the Payment Agreement between the Czech Republic and the Slovak Republic of 4 February 1993.
(2) If the funds are deposited by the applicant in a foreign exchange bank in a freely convertible currency, the transfer shall be made to the territory of the other Republic in that currency.
During the period of validity of this Agreement, the Contracting Parties may agree to amend or supplement this Agreement.
(1) This Agreement shall enter into force on the date of signature and shall enter into force on the date of its publication in the Collection of Laws.
(2) The Contracting Parties may terminate this Agreement in writing at any time and the Agreement shall expire three months after the date of notification of the denunciation.
Dane in Prague on 4 February 1993 in two copies in Czech and Slovak languages, both texts being equally valid.
For Ministry of Finance of the Czech Republic:
Ivan Kočárník v. r.
For the Czech National Bank:
Josef Tošovský v. r.
For the Ministry of Finance of the Slovak Republic:
Július Tóth v. r.
For the National Bank of Slovakia:
Marián Yusko v. r.
Annex to Article I
Agreements between the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic and the Czech National Bank and the National Bank of Slovakia on the implementation of certain types of payments in the foreign exchange area
Types of social payments and payments by virtue of so-called private transfers for which the Contracting Parties undertake to maintain free transfers for the benefit of natural persons residing and legal persons established in the territory of the other Republic:
(a) pensions, insurance payments, compensation and other payments granted to legal persons under Section 13 of Foreign Exchange Act No 528 / 1990 Coll. (full version No 457 / 1992 Coll.),
(b) inheritance,
(c) repayment of transactions by an entity of one Republic of the other Republic without legal justification;
(d) expenditure relating to judicial or other legal proceedings in the territory of one Republic which has been initiated against a natural person resident or a legal person domiciled in the territory of the other Republic or designated entities in the performance of an obligation under the Foreign Exchange Act, including expenses relating to legal representation;
(e) payments to a natural person resident and to a legal person established in the territory of the other Republic on the basis of an obligation established by an enforceable decision of a court or enforceable decision of another competent authority of the Republic in which the debtor has his permanent residence or registered office, or where that payment is provided for in a general binding law of the Republic in which the debtor has his permanent residence or registered office;
(f) contributions from membership of international non-governmental organisations based in the territory of the other Republic;
(g) unforeseen expenditure relating to the transport or towing of damaged and crashed motor vehicles from the territory of the other Republic;
(h) expenditure on emergency medical treatment in the territory of the other Republic and the necessary transport of the patient to the domestic territory;
(i) expenditure relating to the death of persons who have died while in the territory of the other Republic and their burial in the territory of the other Republic, or the transport of the deceased and, where appropriate, their physical remains to the domestic territory;
(j) fees and charges on the territory of the other Republic relating to the exercise and enforcement of rights and rights;
(k) the amount of bail-in and fines to be charged by the competent authorities of the other Republic;
(l) postal and customs charges paid to the postal service of the country of destination for postal consignments delivered free of charge and levies;
(m) registration fees for discoveries, inventions and designs in the territory of the other Republic;
(n) participation fees and fees for applications to participate in international congresses, symposia, exhibitions, shows, competitions and other similar events in the territory of the other Republic;
(o) refunds for covering pure-bred animals in the territory of the other Republic,
(p) support to individuals with permanent residence in the territory of the other Republic up to CZK 5000 per year,
(q) expenditure relating to the maintenance of graves in the territory of the other Republic;
(r) other expenditure as agreed by the Contracting Parties.
*) See Article 7 of the Agreement between the Czech Republic and the Slovak Republic on Mutual Employment of Citizens of 29 October 1992. In accordance with Article 9 of the Agreement, the MPSV shall, in an administrative arrangement, amend the documents which the transferee will be obliged to submit to the foreign exchange bank.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 80 / 1993 Coll., on the negotiation of the Agreement between the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic and the Czech National Bank and the National Bank of Slovakia on the implementation of certain types of payments in the foreign exchange area |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.1993 |
|---|---|
| Effective from | 25.02.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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