Decree No. 86 / 1981 Coll.
Decree of the Federal Ministry of Technical and Investment Development on the conclusion and implementation of scientific and technological cooperation agreements with foreign countries
Valid
Effective from 01.10.1981
86
DECLARATION
Federal Ministry of Technical and Investment Development
of 24 July 1981
on the conclusion and implementation of scientific and technological cooperation agreements with abroad
The Federal Ministry of Technical and Investment Development provides, pursuant to Section 32 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs ("the Act '):
The Scientific and Technological Cooperation Agreement with Foreign Affairs (hereinafter referred to as "the Treaty ') means, for the purposes of this Decree, any arrangement between a Czechoslovak legal person and a foreign person governing scientific and technical cooperation under Section 29 of the Act.
All scientific and technological cooperation agreements with foreign persons, with the exception of those provided for in Section 31 (3) (a) of the Act, and with the exception of contracts which contain only commitments to ensure the tasks of the branch, corporate or constitutional scientific and technical development plan, may be concluded by Czechoslovak legal entities only on the basis and within the limits of the authorisation granted by the central authority in question.
(1) The application for authorisation for the conclusion of a scientific and technological cooperation contract pursuant to Article 31 (2) of the Act shall be submitted to the central authority responsible for the administration.
(2) The application must contain in particular:
(a) the name and registered office of the Czechoslovak legal person;
(b) the name and address of the foreign person with whom the contract is to be concluded;
(c) the purpose, subject matter and scope of scientific and technological cooperation;
(d) the names and numbers of the national and sectoral tasks of the science and technology development plan to be covered by the contract;
(e) the way in which the contractual obligations in the field of organisational, material, personnel and financial matters are implemented;
(f) quantification or description of the benefits of the proposed scientific and technological cooperation;
(g) the draft text of the contract or the draft principles of the contractual arrangement with a foreign person.
(1) Where a proposal for the conclusion of a contract of tasks included in the State Plan for the Development of Science and Technology is concerned, the competent central authority of the State shall seek the consent of the competent authority of the State before granting the authorisation to conclude the contract.
(a) the Federal Ministry of Technical and Investment Development, in relation to the tasks of the State Plan approved by the Government of the Czechoslovak Socialist Republic;
(b) the relevant Ministry of Construction and Technology of the Republic, in respect of tasks approved by the Governments of the Republic.
(2) If a temporary international scientific and technological collective is to be established under the contract, which is to work continuously for more than 6 months, or a joint laboratory, the central authority responsible for the administration and the approval of the Federal Ministry of Finance shall request in substance the approval of the Federal Ministry of Finance.
(1) All contracts for scientific and technological cooperation, the fulfilment of which involves foreign exchange collection or payment, as well as all contracts for scientific and technological cooperation, aimed at developing new technologies, machinery, equipment, apparatus, computer programs, materials and other products, are concluded by Czechoslovak legal entities through the foreign trade undertaking Polytechna. With the approval of the Federal Ministry of Technical and Investment Development and the Federal Ministry of Foreign Trade, these contracts may be concluded through another Foreign Trade Organisation (1)
(2) Exemptions from the obligation to conclude the scientific and technological cooperation agreements referred to in paragraph 1 through foreign trade organisations may be authorised by the senior central administration of the Czechoslovak legal person. The exemption may not be granted for contracts the execution of which is linked to foreign exchange direct debits or payments.
(3) Other scientific and technological cooperation agreements may be concluded by Czechoslovak legal persons with foreign persons directly (1)
A Czechoslovak legal person may assume an exchange obligation only within the framework of the foreign exchange funds planned by Polytechnic or other relevant foreign trade undertaking when concluding contracts for scientific and technological cooperation.
The Scientific and Technological Cooperation Treaties cannot provide material supplies of repeated production, which are a foreign business activity (Section 6 of the Act).
A copy of each contract concluded through Polytechnic or any other foreign trade undertaking shall be submitted by the relevant Czechoslovak legal person within one month of its conclusion to the central administrative authority in one copy and to the central authority in one copy to register the Institute of Scientific, Technical and Economic Information (ÚVTEI) in Prague.
(1) The Directives of the Federal Ministry of Technical and Investment Development and the Federal Ministry of Foreign Trade of 15 March 1974 on the conclusion of contracts between Czechoslovak state organisations and socialist states for a co-operative and joint solution to research and development problems published in the Federal Ministry for Technical and Investment Development and in the Ministry of Construction and Technology of the Czech Republic and the SSR of the year VI, the amount of 1-2 of 22 April 1974 and the Bulletin of the Federal Ministry of Foreign Trade of 11 July 1974 are hereby repealed.
(2) This Decree shall take effect on 1 October 1981.
Minister:
Ing.
1) In the event that the model texts of scientific cooperation agreements have been agreed between the Czechoslovak Socialist Republic and another State or in an international organisation of which the Czechoslovak Socialist Republic is a member, the Czechoslovak legal entities shall take account of these model texts when drawing up contracts.
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Regulation Information
| Citation | Decree of the Federal Ministry for Technical and Investment Development No. 86 / 1981 Coll., on the conclusion and implementation of contracts for scientific and technological cooperation with abroad |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.09.1981 |
|---|---|
| Effective from | 01.10.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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