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Law No. From 1 April 1931 1,082 On Ratification "modus Vivendi-Ului" Commercial Agreement Between Romania And Austria On 30 August 1930

Original Language Title:  LEGE nr. 1.082 din 1 aprilie 1931 privind ratificarea "Modus-ului Vivendi" comercial încheiat între România şi Austria la 30 August 1930

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LEGE no. 1.082 1.082 of 1 April 1931 on the ratification of the commercial "Vivendi Modus" concluded between Romania and Austria on 30 August 1930
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 78 78 of 3 April 1931



CAROL II Through the grace of God and the national will, King of Romania, To all present and future, health: The legislative assemblies voted and adopted, and We sanction what follows: + Article UNIC The government is authorized to ratify and to execute the commercial "Vivendi Modus" concluded by exchange of letters between Romania and Austria on 30 August 1930, as implemented by the journal of the Council of Ministers No. 1458/930, given on the basis of the law promulgated by the high royal decree No. 2387/930 and published in the Official Gazette No. 142/930. Copy and translation from the so-called "Modus Vivendi" joins to the present law. This law, together with the commercial "Vivendi Modus" at the annexed dance, was voted by the Senate at the meeting of 22 Decemvrie in 1930 and was unanimously adopted by seven dozen and eight votes. President, PROFESSOR TRAIAN BRATU ((L. S. S.) Secretary, A. Otoiu This law, together with the commercial "Vivendi Modus" to dance annexed, was voted by the Assembly of Deputies at the meeting of March 16, 1931 and unanimously adopted one hundred two votes. Vice-president, G. CRISAN ((L. S. A. D.) Secretary, Pr. Stefan Cercel We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. ((L. S. St.) CAROL President Council of Ministers and Minister of Foreign G. G. Mironescu Justice Minister Dr. Voicu Nitescu MINISTRY OF FOREIGN AFFAIRS No. 44.320 Minister. Referring to the letter that Your Excellency has deigned to address me with No. 3.873/A of July 5, 1930, regarding the conclusion of a "modus-vivendi", establishing until the conclusion of a definitive Treaty of Commerce, economic relations between both Our State, I have the honour to inform Your Excellency that the Romanian Government would be happy if the Austrian Government agrees with him on the following articles: + Article 1 The nationals of each of the two countries shall enjoy in the territory of the other, for their person and their goods, the treatment of the most favoured nation, for all that concerns the establishment, the exercise of trade and their industry. Nationals of each of the High Contracting Parties shall have the right to acquire and possess in the territory of the other, securities of any kind and of any nature and urban immovable property and to dispose of them freely by purchase, sale, donation, permutation, marriage, will, succession "ab intestato" or by any other means, under the same conditions as nationals. As regards the rural real estate, the so-called nationals will enjoy the same treatment as that accorded, in this regard, to the most favoured nation's nationals. It is reserved, in respect of the purchase, possession and use of real estate, the exceptions and restrictions that are or will be established, for the safety of the State, by the laws of each of the High Contracting Parties, compared to nationals all foreign states. However, it remains established that none of the High Contracting Parties is obliged to conceive in this matter the nationals of the other, faculties or rights more extensive than those of which its nationals actually enjoy the territory of that country. The latter parts. In all the above cases, as well as on the occasion of the export of the product of the sale of their goods or their goods themselves, they will not be subject to any tax, taxes or duties, under any name would be others, or higher than those that are or will be set for nationals. Nationals of each of the two countries will not have to pay, in the territory of the other, for their person and their goods, as well as for the exercise of any kind of trade, industry, profession or profession, no tax, taxes or burden of any nature would be other or higher than those laid down for nationals. Businesses, having legal personality, will enjoy an analogous treatment. They will not be able to establish and create branches in the territory of the other country, without having, in advance, conformed to the provisions of the laws in force in that country. His Excellency Mr. Robert Lukes, Sent Extraordinary and Minister Plenipotentiary of Austria. Natural or manufactured products, of each of the two countries, will also enjoy the treatment of the most favored nation, for all that concerns import, export, maintenance, re-export, transit and in general for all. commercial operations, as well as for ships and ships, for all that relate to the other country's navigation, waters and ports. Accordingly, each of the two Contracting Parties, undertakes to make use of the other, immediately and without compensation of any favours, privileges or decreases in taxes that it has already granted or may grant them before, under the terms of the the said reports, to a third party. + Article 2 The treatment of the most favoured nation shall also be carried over to the total, to the guarantee and to the levying of import duties and other duties, and to customs formalities and their application, to the procedures, to the conditions of payment of customs duties and other duties, the classification of goods, the interpretation of customs tariffs and the procedures for the analysis of goods. + Article 3 The High Contracting Parties shall grant each other the treatment of the most favoured nation, with regard to prohibitions and restrictions on import and export. + Article 4 The treatment of the most favoring nation shall not apply to: a) Special favours that have been or will be granted to the surrounding States in order to ease the border traffic; b) The special import regime intended to ease the financial regulations of the war 1914-1918; c) The rights and privileges granted or which will be granted in the future to one or more States bordering on the conclusion of a Customs Union. + Article 5 "the" Modus-vivendi " set out above will come into force at 1 Septemvrie 1930 and will have a duration of no more than 6 months, starting from its entry into force. The Romanian government agrees to resume the interrupted negotiations, regarding the conclusion of a definitive Convention on the establishment and navigation trade between the two countries, before 1 Noemvrie 1930. If the federal government agrees with everything it provides, the Royal Government would be willing to consider "modus-vivendi" as established by this letter and by the affirmative response of the Austrian Federal Government. Receive, please, Minister, the assurance of my high regard. Minister, G. G. MIRONESCU AUSTRIA ' S LAW IN ROMANIA No 4.949/A Minister, In response to the letter you have deigned to address me on August 30, 1930 under No. 44.320, I have the honor to bring, by order of my Government, to the knowledge of Your Excellency, that the Federal Government agrees with the Romanian Government on the following provisions of a "modus-vivendi" establishing until the conclusion of a definitive trade treaty economic relations between both our States. + Article 1 The nationals of each of the two countries will enjoy themselves in the territory of the other, for their person and their goods, for the treatment of the most favored nation, for all that concerns the establishment of their trade and industry. Nationals of each of the High Contracting Parties shall have the right to acquire and possess in the territory of the other securities of any kind and of any kind and urban real estate and to dispose of them freely, by purchase, sale, donation, permutation, marriage, will, succession "ab intestato" or by any other means, under the same conditions as nationals. As regards rural real estate, the Zisii nationals will enjoy the same treatment as that agreement in this regard to the most favoured nation's nationals. It is reserved, in respect of the purchase, possession and use of real estate the exceptions and restrictions that are or will be established for the safety of the State, by the laws of each of the High Contracting Parties, to the nationals of all Foreign states. However, it remains established that none of the High Contracting Parties is obliged to conceive, in this matter, to nationals of the other faculties or rights more outstretched than those of which its nationals actually enjoy the territory of that party. The latter parts. In all the above cases, as well as on the occasion of the export of the product of the sale of their goods or their goods themselves, they will not be subject to any tax, taxes or pregnancy, under the orisical name would be others or higher, than those that are or will be set for nationals. Nationals of each of the two countries will not have to pay on the territory of the other, for their person and their goods, as well as for the exercise of any kind of trade, industry, trade or profession, no tax, taxes or the burden of any nature would be other or higher than those laid down for nationals. His Excellency Mr. G. G. Mironescu, Royal Minister of Foreign Affairs Bucharest Businesses having legal personality will enjoy an analogous treatment. They will not be able to establish and create branches in the territory of the other country without, in advance, conforming to the provisions of the laws in force in that country. The natural or manufactured products of each of the two countries will also enjoy the treatment of the most favored nation, for all that concerns import, export, maintenance, re-export, transit and in general for all. commercial operations, as well as for ships and ships, for all that relate to the other country's navigation, waters and ports. Accordingly, each of the two Contracting Parties undertakes to make use of the other, immediately and without compensation, of any favours, privileges or decreases in taxes, which they have already granted or may grant them before under consideration. the said reports, to a third party. + Article 2 The treatment of the most favoured nation is also related to the total, the guarantee and the collection of import duties and other duties, as well as the customs formalities and their application, to the procedures, to the conditions of payment of customs duties and other duties, the classification of goods, the interpretation of customs tariffs and the procedures for the analysis of goods. + Article 3 The High Contracting Parties shall grant each other the treatment of the most favoured nation, with regard to prohibitions and restrictions on import and export. + Article 4 The treatment of the most favoured nation shall not apply to: a) Special favors that have been or will be granted to the surrounding States, in order to ease the border traffic; b) The special import regime intended to facilitate the financial liquidations, resulting from the war of 1914-1918; c) The rights and privileges granted or which will be granted in the future to one or more bordering States, by the conclusion of a Customs Union. + Article 5 " The Modusul-vivendi, set out above, will enter into force at 1 Septemvrie 1930, and will have a duration of no more than 6 months, starting from its entry into force. The federal government also agrees to resume the interrupted negotiations, regarding the conclusion of a trade, establishment and navigation convention, final between the two countries, before 1 Noemvrie 1930. The federal government therefore considers the "modus-vivendi", above mentioned, as established. You receive, please, Minister, the entrustment of my very high regard. R. LUKES. This commercial "Modus-Vivendi", together with the law, was voted by the Senate at the meeting of 22 Decemvrie in 1930 and was adopted unanimously by seventy-eight votes. President, PROFESSOR TRAIAN BRATU ((L. S. S.) Secretary, A. Otiu This "Modus Vivendi" commercial, together with the law, was voted by the Assembly of deputies at the meeting of March 16, 1931 and unanimously adopted one hundred two votes. Vice-president, G. CRISAN ((L. S. A. D.) Secretary, Pr. Stefan Cercel -----------