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Law No. 170 Of 2 October 1998 On Ratification Of The Trade Agreement Between The Government Of Romania And The Government Of The Kingdom Of Thailand, Signed In Bangkok On April 29, 1997

Original Language Title:  LEGE nr. 170 din 2 octombrie 1998 privind ratificarea Acordului comercial dintre Guvernul României şi Guvernul Regatului Thailandei, semnat la Bangkok la 29 aprilie 1997

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LEGE no. 170 170 of 2 October 1998 on the ratification of the Trade Agreement between the Government of Romania and the Government of Thailand, signed in Bangkok on 29 April 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 381 381 of 6 October 1998



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the Kingdom of Thailand, signed in Bangkok on 29 April 1997, is ratified This law was adopted by the Senate at the meeting of 8 June 1998, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, CRISTIAN DUMITRESCU This law was adopted by the Chamber of Deputies at the meeting of September 3, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, PAULA IVANESCU TRADE AGREEMENT between the Government of Romania and the Government of Thailand *) ----------- Note * *) Translation. The Government of Romania and the Government of the Kingdom of Thailand, wishing to promote and strengthen the existing friendly relations between both countries, on the basis of equality and mutual benefit, as well as on a lasting and lasting basis, recognising that bilateral cooperation and consultations are important means to strengthen their trade relations, taking into account the principles contained in the Agreement on the establishment of the World Trade Organisation to which both countries are members and being convinced that a new agreement will create a conducive framework for the further development and expansion of trade between the two countries, agreed the following: + Article 1 The Parties will take the most appropriate measures in accordance with their laws, regulations and rules, to enhance and strengthen their trade relations and cooperation. + Article 2 Trade between the two countries will be governed by the treatment of the most favored nation and other rights and obligations resulting from their membership of the World Trade Organization (O.M.C.) or other agreements negotiated in the United States. The O.M.C. framework at which the two countries are parties. + Article 3 Art. 2 will not be applied to any advantage, facility, privilege or immunity that the parties grant or will grant: -neighbouring countries for the purpose of facilitating border trade; -to countries belonging to a free trade zone, to a customs union, to an economic zone or to another preferential agreement to which they are or will become associated or members; -as a result of multilateral and plurilateral trade agreements to which they are or will become members; -goods imported under assistance programmes granted by third countries or institutions and/or international agencies and organisations. + Article 4 According to the provisions of art. 1, the parties will develop their trade relations by expanding and diversifying trade. + Article 5 The parties will proceed to a continuous exchange of commercial information in order to facilitate trade flows. The competent authorities of each Party shall make available to the other Party information on their trade, technical, sanitary and phytosanitary standards and other standards. + Article 6 Bilateral trade transactions will be concluded by legal and natural persons authorized to conduct international trade activities, in accordance with the laws, regulations and rules in force in each country. + Article 7 To achieve the purpose of this agreement, the Parties will encourage and facilitate the following activities of their organisations and businesses: a) arranging business meetings, organizing trade missions, trade and trade fairs and exhibitions, seminars and talks; b) exchange of experience with regard to their foreign trade; c) trade cooperation in third countries; d) the negotiation of commercial contracts between legal and natural persons from the two countries. + Article 8 1. Each Party shall exempt, according to its laws, regulations and rules in force, the other Party from the payment of import duties on the following items originating in the country of the other Party: a) products and materials for temporary fairs and exhibitions, which are not intended for sale; b) goods samples for use as such, without commercial value; c) products imported into each country for which the customs duty has been paid and which have been sent outside that country to be repaired and reimported within a specified period. 2 2. Of such products, materials and samples specified in paragraph 1 a) and b) of this article will not be able to dispose in the country in which they were imported and they will be re-exported from that country, apart from the case of obtaining prior approval of the competent authorities of that country and only after the payment of customs duties and other related charges, if any, has been carried out in accordance with the laws, regulations and rules in force in that country. + Article 9 1. All payments related to goods and services between the two countries will be made in freely usable currency, in accordance with the foreign exchange regulations in force at the time of payment. Freely usable currency means any currency, as defined, periodically, by the International Monetary Fund. 2. It does not exclude the possibility that Romanian and Thai legal and physical persons agree, by mutual agreement, and other payment arrangements, in compliance with the laws, regulations and norms in force in the two countries, at the time of conclusion to them. + Article 10 The re-export of goods traded between authorized legal and/or natural persons from the two countries will be governed by the commercial contracts concluded between them. + Article 11 The Parties shall undertake the necessary measures, in compliance with their laws and with the provisions of the international agreements to which they are parties, for the protection, in their territory, of goods originating in the other country from any form of competition disloyal. The Parties have agreed to ensure adequate protection of intellectual property rights, in accordance with the specific legislation in force in each country and taking into account their obligations in international agreements relating to property intellectual, accepted by the two parties. The respective authorities of both parties will agree the mechanism and scope of cooperation on intellectual property. + Article 12 The provisions of this Agreement shall not be construed as preventing the adoption and fulfilment by each Party of the measures necessary for the protection of national security, public morality, the life and health of the population, animals and plants, national heritage with artistic, historical and archaeological value and for the preservation of exhaustible natural resources. + Article 13 1. In order to achieve the objectives of this agreement will be the Joint Trade Cooperation Commission, which will continue the work of the Joint Trade Cooperation Commission established, in 1978, through the Memorandum of Understanding between the Republic Socialist Romania and the Kingdom of Thailand, signed on July 4, 1978. 2. The powers of the Joint Committee for Trade Cooperation shall be stipulated in the Protocol on the establishment of the Joint Committee on Trade Cooperation between the Government of Romania and the Government of the Kingdom of Thailand, signed in Bangkok on 29 April 1997, integral to this agreement. + Article 14 Any dispute between the parties relating to the interpretation and/or application of this agreement shall be resolved without delay through amicable consultations and negotiations. + Article 15 This Agreement will enter into force on the date of the last notification by which the Parties have informed each other, by diplomatic means, that the legal requirements for its entry into force have been fulfilled. He will remain in effect for an initial period of 3 years. Next, the agreement will be in force for an indefinite period, in compliance with the right of each party to cease its application by a prior notification of 12 months, addressed, in writing, to the other party, a notification that may be made in any time after the initial period of 3 years has expired. However, the termination of the validity of this agreement will not affect the validity of any contract and/or arrangement, made under this agreement, until the full execution of such a contract and/or arrangement. + Article 16 Each Party may require, in writing, the total or partial revision or amendment of this Agreement. Any revision or amendment, agreed by both parties, will enter into force on the date of the last notification by which the parties brought to their mutual knowledge, through diplomatic channels, that the legal requirements for its entry into force have been met. + Article 17 On the date of entry into force of this Agreement, the Trade Agreement between the Government of the Socialist Republic of Romania and the Government of the Kingdom of Thailand, concluded in Bucharest on 18 September 1978, ceases to As a result, the undersigned, fully empowered by their governments, signed this agreement. Signed in Bangkok on 29 April 1997, in two original copies in English, both texts being equally authentic. For the Romanian Government, Dumitru Moinescu, State Secretary in Ministry of Communications For the Government of Thailand, Chalermphol Sanitwongchai, Deputy Trade Minister PROTOCOL on the establishment of the Joint Trade Cooperation Commission between the Government of Romania and the Government of the Kingdom ----------- Note * *) Translation. On the date of signature of the Trade Agreement between the Government of Romania and the Government of the Kingdom of Thailand, the undersigned agreed the following provisions which constitute an integral part of 1. In order to facilitate the application of the trade agreement, the parties agreed to constitute a joint trade cooperation commission, called joint commission, to continue the work of the Joint Trade Cooperation Commission established in 1978, formed from representatives of those authorities of the two countries. The composition of the joint committee will be at an appropriate level agreed by the parties. Joint Commission: a) will review the way of carrying out the agreement; b) examine the possibilities of increasing and diversifying the mutual trade relations between the two countries; c) will submit and study proposals in order to recommend to the parties measures aimed at the dynamic development of trade cooperation; d) identify problems that hinder bilateral trade cooperation and recommend solutions that can help broaden access to the two countries ' markets; e) will consult and solve trade problems and trade issues that will arise between the two countries. 2. The Joint Committee shall meet alternately in Romania and in the Kingdom of Thailand, in annual sessions or at any time agreed by the respective authorities. The Joint Committee will adopt measures to be entered in the minutes agreed on the occasion of its sessions. 3. Representatives of firms, economic or financial groups and enterprises of each country may participate in the work of the joint committee, provided that the two parties are approved. The Joint Committee will determine the rules and procedures of such participation. 4. On the date of entry into force of this Protocol, the Memorandum of Understanding between the Socialist Republic of Romania and the Kingdom of Thailand on the establishment of the Joint Trade Cooperation Commission, signed in Bucharest on 4 July 1978, shall cease validity. As a result, the undersigned, fully empowered by their governments, signed this protocol. Signed in Bangkok on 29 April 1997, in two original copies in English, both texts being equally authentic. For the Romanian Government, Dumitru Moinescu, State Secretary in Ministry of Communications For the Government of Thailand, Chalermphol Sanitwongchai, Deputy Trade Minister --------------