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International Treaties Checoslovaquia-Comercio - Full Text Of The Norm

Original Language Title: TRATADOS INTERNACIONALES CHECOSLOVAQUIA-COMERCIO INTERNACIONAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Law 13.956

TRADE AND FINANCIAL CONVENTION WITH CHECOSLOVAK

BUENOS AIRES, September 18, 1950


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

Article 1.-Please approve the trade and financial agreement signed in the city of Buenos Aires, on July 2, 1947, by the plenipotentiaries of the governments of the Argentine Republic and the Czechoslovak Republic.

Art. 2.- Contact the Executive.

WHOLE - CAMPORA - Zavalla Carbó.

Commercial and Financial Agreement signed in Buenos Aires on 2 July 1947 between the Argentine Republic and the Czechoslovak Republic.



CHAPTER I
General provisions

Art. 1.- The High Contracting Parties declare their intention to strengthen the economic and financial ties that bind them and encourage the exchange of their products, ensuring them permanent markets according to their respective national needs.

Art. 2. The Governments of the Czechoslovak Republic and the Argentine Republic ensure the application of strict reciprocity treatment for all commercial and financial operations between the two countries. They will study and resolve with the greatest benevolence the proposals that are made to facilitate and increase their economic relations.

Art. 3.- The High Contracting Parties undertake to provide the maximum facilities, consistent with their respective legislation, to natural or manufactured products originating in the territory of one of the two countries that are imported in the other, in the area of rights, fees, taxes or tax charges, and in respect of the administrative procedures and procedures to which the import, circulation, transport and distribution of the same are subject.

Art. 4.- The Governments of the Czechoslovak Republic and the Argentine Republic shall take the necessary measures to ensure, within the spirit of the provisions and treaties in force in this field, respect for the designations of origin and quality that correspond to the exclusive products of one of the countries, by repressing with application of appropriate sanctions the circulation and sale of those produced in its own territory or in third countries with false denominations of origin, quality or type.



CHAPTER II
Export of Argentine products to the Czech Republic

Art. 5.- The Argentine Republic will sell and the Czechoslovak Republic will buy, during the years 1947 to 1951, even the minimum annual amount of thirty thousand tons of wheat, provided that in each of those years the exportable balance of that product in the Argentine Republic was not less than 2.600,000 tons. In the event that in any of the above-mentioned years the exportable balance was lower than the figure indicated in the final term, the Argentine Republic would sell to the Czechoslovak Republic and it would buy at least the amount of 1.2% on the respective year ' s exportable balance.

Art. 6.- The amounts of wheat indicated in art. 5 will be acquired by the agencies or firms determined by the Czechoslovak Government, or with the intervention of the Argentine Institute for the Promotion of Exchange, unless the Agency prefers to be purchased from another institution or export firms established in the Argentine Republic. This provision will thus apply to other purchases of Argentine products which, during the validity of this Convention, the Czechoslovak Government directly or indirectly makes.

Art. 7.- The Law of the Czechoslovak Republic in Buenos Aires and the Argentine Institute for the Promotion of the Exchange will determine, in common agreement, the date of delivery of the quantities of wheat specified in Article 5.

Article 8.- The quantities of wheat exported to the Czechoslovak Republic by application of this Convention shall be intended to satisfy domestic consumption in that country.

Art. 9.- The Argentine Institute for the Promotion of Exchange will invoice the Czechoslovak Republic the Argentine products that are sold to it, at the prices that are contractually established.

Art. 10.- In the event that the Czechoslovak Republic during the years 1947 to 1951, even find other sources of supply that effectively provide it with the annual amount of 30,000 tons of quality wheat equal to that of the Argentine Republic at a price lower than that of the Argentine Institute for the Promotion of Exchange for the respective annual quota, it will notify this Agency, who will decide within a maximum of five days if it is in a position to match such offers. If the Czechoslovak Republic, or by means of a lack of response to the notification, may acquire the annual quota of proceeds in question in the other supplier source, leaving the amount thus purchased deducted from the commitment made by this Convention. In this case, the Argentine Republic is free to have the quota deducted and sell it to another customer.

Art. 11.- The Argentine Republic will provide all kinds of facilities, once its internal needs are covered, so that the Czechoslovak Republic can purchase during the years 1947 to 1951, including the following Argentine products for the minimum annual quantities indicated below. Products Year 1947 Years 1948 to 1951 inclusive (In tons) Maize.................................... 60,000 15,000 Rubber extract.................. 15.000 15.000 15.000 Cueros vacunos dry y salados............12,000 12,000 12,000 cueros yeguarizos.............................. 500... 500.............................. 500... 500......................................................3,000 3,000... 3,000... edible oils...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 10,000 - Extract of urunday.................................................................................................................................................................................. 2,500 - Dry blood.................................... 2,000... ox and horse cubes, worked in the way of the leather for soles (or for transmission belts............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 50... exotic woods.............................. 50... animal hair....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... In the event that the Czechoslovak Republic can acquire in the Argentine Republic the oils of linen and/or edible referred to in this article, it will also buy oleaginous cakes for an amount that equals the triple volume of the oil of the respective seed. Once the internal needs are met, the Argentine Government will facilitate, as far as possible, exports to the Czechoslovak Republic of fat swine.

Art. 12. - The deliveries to the Czechoslovak Republic of the Argentinian goods indicated in art. 11, which are acquired through the Argentine Institute for the Promotion of Exchange, will be made in quarterly quotas, to be established, in common agreement, by the Law of the Czechoslovak Republic in Buenos Aires and the aforementioned Agency, at a minimum of thirty days in advance at the beginning of each calendar quarter. The first quota for the year 1947 shall be established under the conditions specified in the preceding paragraph, within thirty days from the date of the entry into force of this Convention.

Art. 13. - The exports of Argentine products to the Czech Republic shall be subject to the general provisions governing in the Argentine Republic at the time of each operation. Imports in the Czechoslovak Republic of Argentine products shall be subject to the general provisions in force at the time of their dispatch to square in the Czechoslovak Republic.



CHAPTER III
Export of Czechoslovak products to the Argentine Republic

Art. 14.- The Czechoslovak Republic will sell to the Argentine Republic and it will buy, during the years 1947 to 1951, even the minimum annual amount of fifteen thousand tons of laminated iron material, rails, pipes and steels.

Art. 15.- The Law of the Czechoslovak Republic in Buenos Aires and the Argentine Institute for the Promotion of the Exchange will determine, in common agreement, the date of delivery of the quantities of the products specified in art. 14.

Art. 16. - The products indicated in Article 14 shall be invoiced at the prices that are contractually established.

Art. 17.- In the event that the Argentine Republic during the years 1947 to 1951, even find other sources of supply that effectively provide it with laminated iron material, rails, crates and steels, of quality equal to those of the Czechoslovak Republic at a price lower than the one claimed it will notify the Czechoslovak government or the agency designated by it, who will decide within a maximum period of five days if it is in a position to equalize. Otherwise, or by means of a lack of response to the notification, the Argentine Republic may acquire the amount in question, in the other supplier source, leaving the volume thus purchased deducted from the commitment made by this Convention. In this case the Czechoslovak Republic is left to have the amount deducted or sold to another customer.

Art. 18-The Czech Republic will give all kinds of facilities, once covered your internal needs, so that the Argentine Republic can acquire during the years 1947 to 1951, even the following products or goods Czechoslovaks for the minimum quantities of the following are indicated: .....Products................ .................................500 Cepillery for technical uses...........................................500 synthetic stones worked (cuts).................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheels...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...w...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...wheel...whewhewheel...whewheel...wheel...wheel...wheel...wheel...w,wheel...ww,whewhewheel...whe ...............10,0 Compressors for pneumatic tools (of more than 6 atmospheres)........................2,0.

FEDERAL CAPITAL

I've got to go.

Art. 19.- The deliveries to the Argentine Republic of the Czechoslovak goods indicated in Article 18, which are acquired through the Argentine Institute for the Promotion of Exchange, will be made in quarterly quotas to be established, in common agreement, by the Legation of the Czechoslovak Republic in Buenos Aires and the aforementioned agency, at a minimum of thirty days in advance at the beginning of each calendar quarter. The first quota for the year 1947 shall be established under the conditions specified in the preceding paragraph, within thirty days from the date of the entry into force of this Convention.

Art. 20. - The exports of Czechoslovak products or goods to the Argentine Republic shall be subject to the general regulations in force in the Czechoslovak Republic at the time of each operation. Imports in the Argentine Republic of Czechoslovak products or goods shall be subject to the general provisions in force at the time of their dispatch to square in the said Nation.



CHAPTER IV
Financial arrangements and payment regime

Art. 21.- All payments of any kind corresponding to direct operations between the Argentine Republic and the Czechoslovak Republic shall be made exclusively in Czechoslovak crowns under the conditions provided for in this chapter, and in accordance with the regulations governing change in both countries. The provisions of this chapter shall also apply to the liquidation of commercial operations concluded between the Argentine Republic and the Czechoslovak Republic through and with the intervention of international agencies.

Art. 22.- All payments referred to in art. 21 will be made by the credit or debit, as appropriate, of an account in Czechoslovak crowns entitled "Special Argentinean Account", which the National Bank of the Czechoslovak Republic, acting on behalf of the Czechoslovak Government, will open to the Central Bank of the Argentine Republic, who will act on behalf of the Argentine Government. The operations may be carried out either directly between the two Institutes of Emission or through banks or institutions authorized to operate among them "Special Argentinean Accounts".

Art. 23.- The Central Bank of the Argentine Republic will daily notify the National Bank of the Czechoslovak Republic of the total balance of the accounts referred to in article.

22. The Creditor Institute shall not request any refund of the total balance in its favour that may disclose the above accounts.

until the balance established by the Central Bank of the Argentine Republic does not exceed the countervalor in Czechoslovak crowns of twenty million pesos national Argentine currency. The aforementioned counter-value will be calculated according to the basic exchange rate of the Czechoslovak crown in Buenos Aires applicable to exports of Argentine products.

Art. 24. The total balance, creditor or debtor, of the special accounts referred to in the article. 22 will gain interest to the rate of 3 % per year. These interests will be settled and accounted for at the end of each quarter in the special account opened by the National Bank of the Czechoslovak Republic on behalf of the Central Bank of the Argentine Republic.

Article 25.- At the expiration of each year, from the date of the entry into force of this Convention, the debtor Institute shall cancel the total balance of the accounts referred to in article. 22, in free gold that will be delivered in the places and conditions established in Art. 30. By common agreement, both Emission Institutes may decide that the payment referred to in the preceding paragraph shall be made in free currency.

Art. 26.- The debtor Institute may at any time fully or partially amortize the balance of the accounts referred to in article. 22 under the conditions laid down in art. 25.

For the purposes of this Convention, although the above-mentioned accounts do not disclose a debtor balance, the Central Bank of the Argentine Republic may acquire the National Bank of the Czechoslovak Republic, Czechoslovak crowns under the conditions provided for in the Article. 25.

Art. 27.-When the total balance of the accounts referred to in art. 22, established by the Central Bank of the Argentine Republic, exceeding the limit set out in art. 23, the creditor Institute may request, by minimum quotas of four million Czechoslovak crowns, the conversion and payment of the surplus under the conditions provided for in art. 25.

Art. 28.- The Central Bank of the Argentine Republic shall notify the National Bank of the Czechoslovak Republic on a daily basis of the total Argentine position in Czechoslovak crowns, which shall include the overall balance in that currency and the corresponding amount of operations to be liquidated through the accounts referred to in article. 22. In the event of modification of the price of gold taken into consideration for the application of the provisions contained in this chapter, the total Argentine position in Czechoslovak crowns will be adjusted by the National Bank of the Czechoslovak Republic or by the Czechoslovak Government in the proportion of the variation that occurred.

The readjustment will be made by means of a global seat in the credit or debit, as appropriate, of the Central Bank of the Argentine Republic account in the National Bank of the Czechoslovak Republic.

Art. 29.- For the readjustment of the Argentine position in Czechoslovak crowns, provided for in the previous article, the following procedure shall apply: 1. The readjustment will be made on the position counted and on term telegraphically notified by the Central Bank of the Argentine Republic to the National Bank of the Czechoslovak Republic at the closing of the operations of the day prior to the modification of the price of gold taken into consideration for the implementation of the provisions of this chapter. 2. Position counted: The National Bank of the Czechoslovak Republic or the Czechoslovak Government shall immediately credit or debit, in the account of the Central Bank of the Argentine Republic, the necessary amount of Czechoslovak crowns so that the new balance of the Argentinean counted position, at the modified price of gold, equals a quantity of that metal equal to that of the previous balance to the devaluation or valuation. 3. Position to term: (a) The operations completed from the date of a change in the price of gold are recorded in a new future position (b) The readjustment of the balance of the position at the end of Argentina prior to the date of a change in the gold value will be effected as the respective operations are liquidated and the foreign exchange in the Argentinean counted position. The National Bank of the Czechoslovak Republic, or the Czechoslovak Government, will increase or decrease the amount of Czechoslovak crowns that enter the account of the Central Bank of the Argentine Republic, in proportion to the devaluation or valorization that occurred.

Art. 30.-For the application of the provisions of arts. 25, 26.

27 and 28 the price of gold to be taken into consideration will be determined by the following two only elements: (a) The average purchase and seller of the United States dollar fixed by the National Bank of the Czech Republic, and (b) The gold price in New York. Gold deliveries, which must be piled up or in good delivery bars, provided by arts. 25, 26 and 27 shall be made free of charge at the central house of the creditor Institute. In case the gold deliveries were made in common agreement in another square.

the creditor Institute may not claim differences by economy in transfer costs.

Art. 31.- For the application of the provisions of this chapter, the exchange rate between the Argentine peso and the Czechoslovak crown will be the result of the type of US dollar respectively in Buenos Aires and Prague. The type of US dollar in Buenos Aires that will be taken into consideration will be:

(a) With respect to the operations that in the Argentine Republic should be carried out by the market called "Official Market of Changes", the type that governs in that market for the operation referred to (b) With respect to the operations that in the Argentine Republic should be carried out by the market called "Free Market of Changes", the type of the day in that market. The type of US dollar in Prague that will be taken into consideration will be the average buyer and seller rates set by the National Bank of the Czechoslovak Republic.

Art. 32.- When payments are to be made between the Argentine Republic and the Czechoslovak Republic, and vice versa, pursuant to contracts stipulated in a third currency, the conversion to Czechoslovak crowns shall be made: (1) With respect to the operations that in the Argentine Republic should be carried out by the market called "Official Market of Changes" on the basis of the type in force in Buenos Aires. a) With respect to exports to the Czechoslovak Republic, the day of payment and b) With regard to imports from the Czech Republic, the day of the commencement of the customs clearance order in the Argentine Republic. (2) With respect to the operations that in the Argentine Republic should be carried out by the market called "Free Market of Exchanges", according to the average quote of the buyer and seller rates set for the above currency, by the National Bank of the Czechoslovak Republic on the date of payment.

Art. 33.- With an anticipation not less than ninety days after the expiration of this Convention, the National Bank of the Czechoslovak Republic and the Central Bank of the Argentine Republic will agree on the form of liquidation of outstanding transactions at the expiration of the Convention.

Art. 34. The High Contracting Parties agree to: (a) To ensure that transfers of funds between the Argentine Republic and the Czechoslovak Republic and vice versa, carried out under this chapter, relate exclusively to direct operations between the two territories (b) Authorize the current payments between the Argentine Republic and the Czechoslovak Republic and vice versa, on the basis of a reciprocity regime c) To consult with the aim of controlling transfers of capital in accordance with the principles of their respective policies, especially to prevent transfers that do not have a useful economic purpose (d) To exchange any useful information in order to ensure better control of the implementation of the regulations of changes in force in each of the two countries, and (e) To remain in touch with a view to examining jointly all the technical issues that arise in the implementation of the provisions contained in this chapter and to agree on all the measures that the circumstances make necessary.

Art. 35.- Current payments, provided for in subparagraph (b) of the previous article, include in particular: Official payments Commercial payments, including accessory expenses Wages, services, subsidies and maintenance expenses Pensions, rents, interests and benefits Exploitation costs, contractual amortizations Rights and expenses for patents and licenses, copyrights Taxes and fines Insurance and reinsurance payments (first and compensation) and any other current payment that jointly establish the National Bank of the Czechoslovak Republic and the Central Bank of the Argentine Republic.

Art. 36.- The freight corresponding to the transport of Argentine and Czechoslovak products that are exchanged in both countries can be paid in Czechoslovak crowns, only when carried out on Argentine flagships.

Art. 37. - Goods originating from third countries that one of the High Contracting Parties acquires in the other may not be paid through the special accounts created by this Convention, unless agreed in each case by both emission institutes.

Art. 38. The High Contracting Parties shall reconsider the provisions of this Convention to make amendments to the case, if necessary as a result of their accession to international monetary conventions of a general nature.



CHAPTER V
Shipping and air communications.

Art. 39.- The High Contracting Parties shall take appropriate measures to ensure that the transport of goods that during the operation of this Convention are exchanged in the Czech Republics and Argentina, is performed preferably on Argentine flagships. The application of this provision may not result in delays in the delivery or care of the products to be transported.

Art. 40.- The High Contracting Parties shall promote commercial air communications between the two countries, to which effect, on reciprocity, the necessary facilities and authorizations shall be granted both in respect of the rights of flight, landing and use of the services and facilities of their airports, as well as the traffic of passengers, correspondence and airborne goods from one contracting country to the other. To this end, the terms of an Agreement shall be considered as soon as possible, in which, in the spirit of the present declaration, the modalities of its implementation shall be determined, within the respective executions and the international conventions on the subject.



CHAPTER VI
Insurance

Art. 41.- The Czechoslovak Government reserves the right to ensure Czechoslovak goods exported to the Argentine Republic and the Argentine products imported into the Czechoslovak Republic, when they are transported on behalf of the seller or the buyer, respectively. The Argentine Government reserves the right to ensure in Argentine companies the Argentine goods that are exported to the Czechoslovak Republic and the Czechoslovak products that are imported in the Argentine Republic, when they are transported by the seller or the buyer respectively.

Art. 42. The authorities of both countries will study the application of the technical means leading to an exchange of reinsurance operations between the Czech Republic and Argentina.



CHAPTER VII
Final provisions

Art. 43. The Government of the Czechoslovak Republic shall, with the best provision, consider any requirements received by the Argentine Government for the provision of specialized procedures, patents, technicians and workers for the industries established in the Argentine Republic or which may be established in the future and for the machinery acquired or which may be acquired in accordance with this Convention.

Art. 44. The Governments of the High Contracting Parties shall, to the extent that they are permitted by the laws of both countries, but always under strict reciprocity, provide them with official branches and banks of the same nature established in the other.

Art. 45. The provisions contained in the previous conventions signed between the Czech Republic and Argentina remain in force, as soon as they do not object to the provisions of this Treaty.

Art. 46. - This Convention shall be ratified in accordance with the constitutional procedure of each High Contracting Party and the exchange of its ratifications shall be made in Prague as soon as possible. Without prejudice to its timely ratification, this Convention shall enter into force on a provisional basis within fifteen days of its signature and shall govern until 31 December 1951, except as expressly provided for in the text thereof. In faith of which, the Plenipotentiaries mentioned above sign this Convention in three copies of the same tenor, in the Spanish, Czechoslovak and French languages, agreeing that any discrepancy arising from its texts will be resolved by the interpretation assigned to the French text. This event takes place in the city of Buenos Aires, on the two days of the month of July of the year nine hundred and forty-seven.

Kunosi - Bramuglia - Miranda.