Decree of the Minister for Foreign Affairs No. 9 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Trade Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Kenya
Valid
Effective from 22.09.1979
9
DECLARATION
Minister for Foreign Affairs
of 6 November 1979
on the Trade Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Kenya
On 1 February 1979 the Trade Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Kenya was signed in Nairobi. The Agreement entered into force on 22 September 1979 pursuant to Article 18 thereof.
The Czech translation of the text of the Agreement is announced simultaneously.
Minister:
Ing. Chupek v. r.
TRADE AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Kenya
The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Kenya, hereinafter referred to as the "Parties' in this Agreement, wishing to consolidate and develop trade and economic relations between the two countries on the basis of equality and mutual advantages, have agreed as follows:
(a) The Contracting Parties shall provide each other with treatment in accordance with the principle of most favourable treatment in all matters relating to trade relations between the two countries.
(b) The Contracting Parties shall issue import and export authorisations where such authorisations are or will be required in accordance with the laws and regulations of the Contracting Parties concerned. Authorisations shall be granted under conditions not less favourable than those granted to any third country.
(c) However, the provisions of the previous paragraphs of this Article shall not apply to advantages which:
1. One of the Contracting Parties has provided or has provided to neighbouring countries to facilitate border traffic;
2. will result from a customs union or free trade area or other international trade arrangement negotiated in GATT.
(a) In the framework of their laws and regulations, both Parties shall promote and facilitate the widest possible trade between the two countries, in particular in the goods referred to in the attached "A 'and" B' lists, which form an integral part of this Agreement. These documents are merely indicative and not exhaustive in nature.
(b) The two Parties shall endeavour to maintain trade between the two countries as evenly as possible.
(a) For the purposes of this Agreement, goods originating in Czechoslovakia shall be regarded as Czechoslovak products and goods originating in Kenya as Kenyan products.
(b) The country of origin will be considered the country where the product was manufactured and processed or undergone the last substantial processing or, in the case of unprocessed agricultural products, the country where the products were actually grown. The two Contracting Parties reserve the right to make imports of any goods subject to the presentation of a certificate of origin by the competent organisation responsible for this purpose by the Government of the country of origin of the goods.
(a) From the Czechoslovak Socialist Republic, commercial contracts on the supply of goods and services under this Agreement will be concluded by Czechoslovak organisations duly empowered by Czechoslovak laws to conduct foreign trade (hereinafter referred to as "legal entities of the Czechoslovak Socialist Republic").
(b) From the Republic of Kenya, commercial contracts for the supply of goods and services under this Agreement will be concluded by natural persons and commercial undertakings Kenya.
Goods imported by any Contracting Party may be re-exported to a third country without the prior consent of the competent authorities of the Contracting Party in whose territory the goods have been purchased, provided that any Contracting Party may, subject to any conditions and restrictions, withdraw or reserve the consent to re-export in the case of any type of goods.
(a) Each Contracting Party shall, with regard to exemption from customs duties and levies on samples of goods and promotional material of the other Party which will be imported into or temporarily imported and re-exported from its territory, follow the principles set out in the relevant provisions of the International Convention to facilitate the import of commercial samples and promotional material concluded in Geneva on 7 November 1952 or any additional convention to it for as long as both Parties are Parties to such conventions.
(b) Each Contracting Party shall, in accordance with the laws and regulations in force, grant treatment in accordance with the principle of the most favoured nation with regard to exemption from customs duties and levies on the goods of the other Contracting Party imported or temporarily imported and re-exported from its territory:
1. articles intended for testing and experiments approved by the competent authorities;
2. objects intended for exhibitions, competitions and fairs.
(a) Products of any 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 higher customs duties or levies than would have been the case if they were imported directly from the territory of the respective Contracting Party.
(b) The provisions of paragraph (a) of this Article also apply to goods which have been transhipped, repackaged or stored in warehouses during transport through the territory of a third country.
Each Contracting Party shall, in accordance with the laws and regulations in force in its country, grant freedom of transit through its territory on the most favourable routes for international transit for goods on their way to or from the territory of the other Contracting Party under conditions not less favourable than those provided by any third country.
(a) The nationality and dimensions of commercial vessels registered in the territory of one of the Contracting Parties shall be recognised in the territory of the other Contracting Party on the basis of certificates issued by the competent authorities in accordance with the laws and regulations applicable in the territory of the respective Contracting Party.
(b) Each Contracting Party shall recognise the trading vessels of the other Contracting Party and shall provide those ships and their costs with free access to ports open to international navigation, berths in ports, the use of port facilities and services, loading and unloading charges, levies and other formalities and services, the same treatment granted to ships of the most favoured countries.
(c) The provisions of the preceding paragraphs of this Article shall not apply to the determination of the dimensions of fishing vessels, yachts, sports vessels and boats to which the national legislation of the relevant Contracting Party applies.
(d) Each Contracting Party shall provide the captain and crew members of the commercial ships of the other Contracting Party with treatment according to the most favourable principle.
(e) The Contracting Party shall grant treatment on its territory in accordance with the principle of the greatest advantage as regards the supply of vessels of the other Contracting Party.
Each Party undertakes to provide, in the event that it establishes or maintains a state firm or provides any undertaking, formally or in fact with exclusive or special privileges, with such undertakings acting in their purchases and sales concerning both imports and exports in a manner consistent with the general principle of non-discriminatory treatment. To this end, such undertakings shall, with due regard to the other provisions of this Agreement, make any purchases or sales solely on the basis of commercial considerations involving the price, quality, availability of goods, sales of goods, transport and other terms and conditions of purchase or sale, and shall provide such undertakings of the other Party with sufficient opportunity to compete in such purchases and sales, according to commercial practice.
(a) Both Parties shall take the necessary measures to ensure that the prices of goods exchanged under this Agreement are determined on the basis of world market prices, i.e. the prices of the main markets of the goods concerned. Goods for which world market prices cannot be determined will be subject to competitive prices for similar goods of similar quality.
(b) All payments resulting from contracts and transactions concluded under this Agreement between persons and businesses of the Republic of Kenya and legal entities of the Czechoslovak Socialist Republic, as well as normal payments between the two countries, will be made in accordance with the applicable foreign exchange rules of the country concerned in any freely convertible currency.
The Contracting Parties shall consult each other, at the request of one of the Contracting Parties, on measures to develop mutual economic cooperation, trade relations and on resolving problems relating to the implementation of this Agreement.
This Agreement does not give the right or impose an obligation which would be contrary to any international agreement the Contracting Party of which is or may at a later date become one of the Contracting Parties.
The provisions of this Agreement shall not be construed as preventing any Party from adopting or implementing measures concerning:
(a) public security or national defence or maintaining international peace and security;
(b) trafficking in arms and ammunition and means of waging war;
(c) protection of public health and protection of animals and plants against diseases, harmful insects and parasites;
(d) gold, silver and diamonds.
This Agreement replaces the Agreement signed in 1964.
This Agreement may be supplemented from time to time by an exchange of letters resulting from close consultation between the two Parties and these Appendices shall become an integral part of this Agreement.
The provisions of this Agreement shall continue to apply after its expiry in respect of contracts concluded under this Agreement but which have remained outstanding at the date of expiry of this Agreement.
(a) This Agreement shall be approved in accordance with the constitutional requirements of each Contracting Party and shall enter into force on the date of the exchange of notes confirming such approval, which shall be implemented as soon as possible.
(b) This Agreement shall apply for a period of 3 years from the date of entry into force of the Agreement. If no Contracting Party notifies in writing the other Contracting Party of its intention to amend or terminate this Agreement within 3 months of its expiry, this Agreement shall be automatically renewed for a period of 1 year.
To prove it, the agents of the two Contracting Parties signed this Agreement and secured it with their seals.
Done at Nairobi, 1 February 1979, in duplicate in the English language, the two copies being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
A. Barcán v. r.
Minister for Foreign Trade
For the Government of the Republic of Kenya:
E. T. Mwamunga v. r.
Minister for Industry and Trade
List of goods the Czechoslovak Socialist Republic Government wishes to export to Kenya
1. Machinery and equipment for power plants, various machines
2. Machine tools
3. Printing machinery
4. Wood-working machines
5. Sewing machines
6. Construction, road machinery, ground handling equipment
7. Agricultural and horticultural machinery
8. Pumps and watering devices
9. Diesel and other explosive engines and generators
10. Compressors
11. Motor vehicles and buses
12. Motorcycles
13. Tractors, not tractors
14. Measuring instruments of all kinds
15. Electrical and water meters
16. Equipment and tools for medical and surgical purposes
17. Writing and calculating machines
18. Statistical Machines
19. Laboratory equipment and scientific instruments
20. Geometer instruments
21. Optical instruments and appliances
22. Articles of iron and steel
23. Porcelain and ceramics
24. Construction and medical ceramic goods
25. Household and household supplies
26. Musical Instruments
27. Glass and crystal goods
28. Toys
29. Leather goods
30. Movies, books, gramophone boards
31. High-quality footwear
32. Artificial imitation jewellery
33. Beer
34. Hops
List of goods the Keni Government wishes to export to Czechoslovakia
1. Coffee
2. Pyrethrum, insect agent
3. Tea
4. Extract of acacia bark (mimosa and bark)
5. Pineapples: preserved, cut, whole and juice
6. Other fruit juices
7. Leather and skins: beef, sheep, goats, including wild game hides
8. Maize
9. Milk products: butter fresh and unmixed
10. Etheric oils: geranium, etc.
11.
12. Cotton and cotton seed
13. Wave
14. Rice
15. Cashew nuts
16. Animal oils and fats
17. Sunflower seed
18. Live wild animals: elephants, lions, rhinos, leopards, for the needs of the zoo
19. Carving and handicraft goods
20. Beans, peas and lentils
21. Ricin seed and oil
22. Frozen beef (front, rear, hips) meat
23. Tropical fruit: papaya, mango, avocado, pears
24. Protein feed for cattle
25. Diatomite
26. Chilli spices
27. Extra-seasonal fruit
28. Special wood and wood products
29. Meat products and veg
30. Soda
31. Spoils
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 9 / 1980 Coll., on the Trade Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Kenya |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.02.1980 |
|---|---|
| Effective from | 22.09.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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