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Trade Agreement between the Government of Canada and the Government of the People's Republic of China [1973] CATSer 11 (13 October 1973)

E103001 - CTS 1973 No. 31

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA,

HEREINAFTER referred to as the Contracting Parties;

WITH A VIEW to strengthening trade relations and developing trade between their two countries on the basis of equality and mutual benefit;

HAVE AGREED as follows:

ARTICLE I

The two Contracting Parties shall, subject to the laws and regulations in force in each country, endeavour to create favourable conditions for further strengthening the flow of goods between the two countries.

ARTICLE II

The two Contracting Parties shall grant each other most favoured nation treatment with regard to customs duties, all taxes and subsidiary charges, levied on imports and exports, as well as with regard to customs and other relevant formalities, regulations and procedures.

ARTICLE III

The provisions of Article II of this Agreement shall not apply to:

(a) treatment granted by either Contracting Party resulting from the membership of either country in a customs union or free trade area, or from other arrangements relating to preferential trade; and such measures as either Contracting Party may take to meet its commit­ments under international commodity agreements;

(b) treatment granted by either Contracting Party to neighbouring coun­tries in respect of border trade.

ARTICLE IV

The exchange of goods and technical services between the two Con­tracting Parties shall, subject to the laws and regulations in force in each country, be carried out by legal and physical persons in Canada and state owned import and export corporations of the People's Republic of China.

ARTICLE V

All payments between the two Contracting Parties shall be made in Canadian dollars, Chinese renminbi or in other mutually acceptable freely convertible currencies in accordance with the foreign exchange regulations valid in each country.

ARTICLE VI

The two Contracting Parties agree that they will facilitate the develop­ment of mutually beneficial long-term commercial arrangements, between the relevant trading bodies and enterprises of the two countries, in accordance with mutual import and export requirements and possibilities.

ARTICLE VII

The two Contracting Parties undertake to promote the interchange of persons, groups and delegations engaged in trade between the two countries and to encourage the commercial exchange of technical expertise.

ARTICLE VIII

In order to facilitate the implementation of this agreement, the two Contracting Parties agree to establish a Joint Trade Committee to meet peri­odically. The Committee shall meet once a year, unless otherwise mutually agreed, alternately in Canada and China. When necessary, special meetings to discuss matters of mutual interest may be arranged through consultations between the two Contracting Parties.

ARTICLE IX

The provisions of the present Agreement shall not limit the right of either Contracting Party to apply measures for the protection of its national security and economic interests, human, animal and plant life or health, and the preservation of its national historical relics.

ARTICLE X

This Agreement shall come into force on the date of signature and shall remain in force for three years. The validity of this Agreement may be extended for another three years if the two Contracting Parties agree thereto not less than three months prior to the expiration of this Agreement.

ARTICLE XI

In the event of termination of this Agreement, all unfulfilled obligations arising from the operation of this Agreement shall be fulfilled in accordance with the provisions thereof.

IN WITNESS WHEREOF, the undersigned have signed this Agreement in two copies in the English, French and Chinese languages, the three language versions being equally authentic.

At Peking this thirteenth day of October, 1973.

Pierre Elliott Trudeau

FOR THE GOVERNMENT OF CANADA

Chou En Lai

FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA