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International Treaties Cuba-Comercio Exterior-Tratamient De Nacion Mas Favorecida-Cooperation Commercial - Full Text Of The Norm

Original Language Title: TRATADOS INTERNACIONALES CUBA-COMERCIO EXTERIOR-TRATAMIENTO DE NACION MAS FAVORECIDA-COOPERACION COMERCIAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Law 12.702

ADOPTION OF THE TRADE CONVENTION WITH CUBA.

BUENOS AIRES, September 19, 1941



The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
_

Article 1.- Approve the trade agreement signed in this Capital on 20 December 1940, between the governments of the Argentine Republic and the Republic of Cuba.

Art. 2.- Contact the Executive.

PATRON COSTAS - CANTILO - Figueroa - Zavalla Carbó.

Annex A-Tratado de Comercio subscribeo en Buenos Aires el 20 de diciembre de 1940 entre la República Argentina y la República de Cuba-

ARTICLE I (a) The High Contracting Parties agree to grant each other the unconditional and unlimited treatment of the most-favoured-nation nation for all matters concerning customs duties, consular fees and all accessory rights, the mode of perception of rights, as well as the rules, formalities and charges to which customs clearance operations may be subject (b) Natural or manufactured products, originating from one of the High Contracting Parties, shall not be subject, in any case, to being imported into the territory of the other Party under precited conditions, to different or higher rights, fees or charges, or to different or more onerous rules and formalities than those to which the products of the same class originating from a third country are subject: c) Natural or manufactured products, exported from the territory of one of the High Contracting Parties for the territory of the other Party, shall in no case be subject, under the same conditions, to different or higher fees, or to different or more onerous rules and formalities than those to which they are or in the future are subject the same products destined to the territory of any other country (d) All the advantages, favours, privileges and immunities that have been granted or granted in the future by one of the two High Contracting Parties, in the precited matter, to the natural or manufactured products originating from any other country, shall be applied immediately and without compensation to the products of the same class originating from the other High Party or destined to the territory of this Party.

ARTICLE II. The High Contracting Parties undertake not to create or maintain prohibitions or restrictions on the import or export of any goods or products that are subject to trade between the two countries, as well as not to take any measure of consular or sanitary regulation that is intended to create obstacles to trade between the two nations, unless such prohibitions or restrictions are also applied to the goods or products of any other country under the same conditions. They are exempt from the obligation contained in the preceding paragraph, the provisions that relate to: (a) Public security (b) To the trafficking of weapons, ammunition and war material c) To the protection of public health, as well as animals and vegetables, against diseases, insects and harmful parasites d) To the defense of the national artistic, historical or archaeological heritage e) To the exit of gold and silver, in coins or species and f) Finally, and in a general way, the fiscal or police measures aimed at extending to foreign products the regime imposed in the interior of the country on similar domestic products.

ARTICLE III The Government of the Republic of Cuba is obliged not to apply in the national territory, any provision that merges or deficates the imports of cinematographic films originating from the Argentine Republic. For its part, the Government of the Argentine Republic undertakes to grant Cuban film production the most favorable treatment that corresponds to the film production of any other country. The Government of the Republic of Cuba is obliged not to apply any provisions in the national territory that merges or deficates the imports of books, journals, and other forms originating from the Argentine Republic. The Government of the Argentine Republic takes on the same commitment regarding the Cuban production of books, newspapers, magazines and other prints.

ARTICLE IV. The nationals of each of the High Contracting Parties shall enjoy in the territory of the other the treatment of the most favored nation, especially with regard to their legal status, to travel, to stay, to the establishment and exercise of trade and industry, to the exercise of the profession of commercial and travel agents and to all the rights and interests that derive from it, without prejudice to the laws, regulations and ordinances of the country, in force at the time of the time of the

ARTICLE V. In the event that any High Contracting Party has established or established a system of import permits or quotas, it shall grant the goods and products of the other an equitable and the most favourable treatment possible in the products concerned, taking into account the figures of the normal exchange between the two Parties and the total amount of the contingents to be fixed to each product. The Government of the Republic of Cuba undertakes to favor the imports in its territory of the following products: impure fats, extracts of brittle, wheat, soup, stems and ears of mille, oil of flaxseed, grapes, pears and apples, lentils chickpeas, beans, garlics, onions, table wines, groundtail, caseins, estearina, almonds To that end, with regard to the impure seburet and the brittle extract, the Government of the Republic of Cuba will establish a quota regime for the entry of such items in the national territory, so that their imports originating and coming from the Argentine Republic are represented at least by eighty per cent of the total import of Cuba that does not proceed from the United States, of such items, provided that the prices to which these products are quoted are free.

ARTICLE VI. Natural or manufactured products originating from one of the High Contracting Parties, introduced in the territory of the other, shall in no case be subject to internal rights over the sale, circulation or consumption, higher or more onerous than those that grave similar products originating from any third country. The import duties that are currently in the process of introducing tobacco into the Argentine Republic, both in branch and manufactured, originating and coming from the Republic of Cuba, which are dispatched by headings 337, 338 and 345 of the Argentine Avaluos Tariff, will be liquidated with a reduction of twenty percent.

ARTICLE VII. The goods or products of any kind originating from one of the High Contracting Parties and in transit through the territory of the other shall not be subject to any transit right, whether they transit directly, whether, during transit, they must be transferred or discharged, deposited and reloaded. The same, in no case and for any reason, may be subjected to less favourable treatment than that accorded to products or goods in transit originating in any country. The above exemption shall not extend to the various rates applied to cover the actual costs inherent in transit, such as storage, slinging, railway or fluvial freight, statistical and similar fees, but such rates shall not, in any case, be higher than those that are charged to the products or goods of any third country and, as far as freight is concerned, to those that are perceived in the same way by means of the same transportation.

ARTICLE VIII. The High Contracting Parties undertake to take all necessary measures, in accordance with their own legislation, at the initiative of the public authorities or interested parties, to guarantee in their respective territories, against any form of unfair competition in commercial transactions, natural or manufactured products originating from the other High Contracting Party. 1.- Accordingly, they undertake to prohibit, by apprehension or any other appropriate means, the importation, manufacture of goods for sale in their respective territories, of products bearing brands, names, registrations or any other signals containing a false indication of the origin and species, the nature or quality of the product. 2.- By false indication of nature or quality it is also understood to be the adulteration of products by addition of substances that, although not harmful to health, alter the essence and properties, even though they retain their appearance and taste.

ARTICLE IX. Both Governments agree that, if they maintain or come to establish a regulation of foreign change, they will grant nationals and trade to the other High Party the most comprehensive and complete application of the most favoured nation ' s unconditional principle.

ARTICLE X. The provisions of this Treaty relating to the treatment of the most-favoured-nation are not applicable as far as it is concerned: (a) To the agreed favours or that could be subsequently agreed upon by one of the High Contracting Parties to the neighbouring States (b) To the advantages resulting from a customs union that would be concluded by one of the High Contracting Parties with other States and (c) to the concessions of the United States in the future.

ARTICLE XI. This Treaty shall be ratified in accordance with the constitutional procedure of each High Contracting Party and the exchange of its ratifications shall be carried out in the city of Havana as soon as possible. It shall remain in force for an indefinite period of time and may be denounced by any of the High Parties on a six-month notice.

In faith of which the plenipotentiaries named above subscribe to the present Treaty, made in two copies of the same tenor, and applied their respective stamps, in the city of Buenos Aires on the twenty days of the month of December of the year thousand nine hundred forty. ROCA - HERNANDEZ PORTELA -

PROTOCOL

1.- In order to allow the sale price of the Cuban cigars to be fixed freely, the Government of the Argentine Republic undertakes to request from the Honorable Congress of the Nation, within the shortest possible time, the modification of the regime currently in force for the application of the internal taxes to the imported cigars. 2.- With reference to article 5. the Argentine Trade Agreement signed today, and in order to increase the purchases of sebum in Argentina, the Government of Cuba will immediately take the necessary measures to make the industrialists of that country use as much as possible of this product in the elaboration of soap.

ROCA - HERNANDEZ PORTELA -