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Trade Agreement between the Government of Canada and the Government of the Socialist Republic of Romania [1971] CATSer 23 (14 December 1971)

E100575 - CTS 1971 No. 48

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOV­ERNMENT OF THE SOCIALIST REPUBLIC OF ROMANIA

The Government of Canada and the Government of the Socialist Republic of Romania, desirous of regulating and facilitating trade between the two countries on the basis of equality and reciprocal advantage,

Have agreed as follows:

ARTICLE I

The Contracting Parties shall accord each other unconditional most-favoured-nation treatment in all matters with respect to customs duties and charges of any kind imposed on or in connection with importation or exporta­tion of products and with respect to the method of levying such duties and charges, with respect to all rules and formalities connected with importation or exportation, and with respect to all internal taxes or other internal charges of any kind.

Accordingly, products of each Contracting Party imported into the terri­tory of the other Contracting party shall not be subject, in regard to the matters referred to in the first paragraph of this Article, to any duties, taxes or charges other or higher, or to any rules or formalities more burdensome, than those to which like products of any third country are or may hereafter be subject.

Similarly, products exported from the territory of a Contracting Party and consigned to the territory of the other Contracting Party shall not be subject, in regard to matters referred to in the first paragraph of this Article, to any duties, taxes or charges other or higher, or to any rules or formalities more burdensome, than those to which like products when consigned to the territory of any third country are or may hereafter be subject.

Any advantage, favour, privilege or immunity which has been or may hereafter be granted by either Contracting Party, in regard to the matters referred to in the first paragraph of this Article, to any product of any third country shall be accorded immediately and without compensation to like products originating in the territory of the other Contracting Party, and irrespective of the nationality of the carrier.

ARTICLE II

Each Contracting Party shall accord to the products of the other Con­tracting Party, which have been in transit through the territory of any third country receiving most-favoured-nation treatment from the importing coun­try, treatment no less favourable than that which would have been accorded to such products had they been transported from their place of origin to their destination without going through the territory of such third country. Each Contracting Party shall, however, be free to maintain its requirements of direct consignment existing on the date of the entry into force provisionally of the present Agreement in respect of any goods in regard to which such direct consignment has relation to that Contracting Party’s prescribed method of valuation for duty purposes.

ARTICLE III

The benefits accorded by Canada under the British Preferential Tariff shall be excepted from the operation of this Agreement.

ARTICLE IV

No prohibitions or restrictions shall be applied by either Contracting Party on the importation or exportation of any product from or to the territory of the other Contracting Party which are not similarly applied to the importation or exportation of the like product from or to the territories of all third countries except for import or exchange restrictions applicable to all countries in like circumstances for the purpose of safeguarding the external financial position and balance of payments.

The provisions of the present Agreement shall not limit the right of either Contracting Party to apply prohibitions or restrictions of any kind directed to the protection of its essential security interests.

ARTICLE V

The merchant vessels of each Contracting Party and the cargoes of such vessels shall upon arrival at and departure from the seaports of the other Contracting Party and during the time spent in such seaports enjoy the treatment accorded to the most-favoured-nation.

The provisions of this Article shall not apply to the performance of harbour services including pilotage and towing, nor to coastal shipping.

ARTICLE VI

The Government of each Contracting Party shall give consideration to any representation which the Government of the other Contracting Party may make in respect of the implementation of the present Agreement and other matters affecting their commercial relations.

ARTICLE VII

As a measure towards attaining the mutual trade objectives of further expanded and diversified trade between the two countries on the basis of mutual advantage, the competent authorities of the Contracting Parties will facilitate visits for business purposes between the two countries and will look favourably upon an intensification of the exchange of information, as con­cerns trade matters, between competent Canadian and Romanian organiza­tions and enterprises.

ARTICLE VIII

Each Contracting Party looks forward to a further development and diversification of their mutual trade. To this end, it has been agreed that representatives of the two sides will meet once a year, or as required, to review the development of trade between the two countries and the implementation of the present Agreement, and to elaborate measures as appropriate to facilitate the development of this trade within the scope of the laws and regulations in force in the respective countries.

ARTICLE IX

The present Agreement shall be ratified as soon as possible by both Contracting Parties and shall enter into force definitively on the date of the exchange of the instruments of ratification which shall take place in Buchar­est. The present Agreement shall, however, enter into force provisionally from the date of March 22, 1971.

The Trade Agreement shall remain in force for a period of three years from the date of March 22, 1971. At the conclusion of this period, the Agree­ment shall be extended for further periods of one year unless either Contract­ing Party, not less than six months before its date of expiry, has given written notice of its desire to terminate or to renegotiate the Agreement.

DONE in Ottawa this sixteenth day of July, 1971 in two original copies in the English, French and Romanian languages, each version of which will be equally authentic.

Jean-Luc Pepin

FOR THE GOVERNMENT OF CANADA

Florea Dumitrescu

FOR THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF ROMANIA