LIIofIndia Home | Databases | WorldLII | Search | Feedback

Indian Treaty Series

You are here:  LIIofIndia >> Databases >> Indian Treaty Series >> 1949 >> [1949] INTSer 15

Database Search | Name Search | Recent Treaties | Noteup | LawCite | Help

TRADE AGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA AND THE DOMINION OF INDIA [1949] INTSer 15

TRADE AGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA AND THE DOMINION OF INDIA

Vienna,
28 September 1949

The Austrian Federal Government and the Government of India being desirous of establishing and extending direct trade relations between their respective countries have agreed as follows:-

Article I

With respect to the items mentioned in Schedules 'A' and 'B', which are attached to this Agreement and which shall be taken to form an integral part of this Agreement, the contracting parties agree that, wherever necessary according to the laws and regulations applicable in either country, import and export licences shall be granted in accordance with such laws and regulations upto the yearly quantity or value mentioned against each item.

Article II

The yearly quantity or value of any of the items mentioned in Schedules 'A' and 'B' can be altered or fresh items added by mutual agreement between the contracting parties.

Article III

Articles I and II of this Agreement are without prejudice to the rights of nationals or firms of either country entering into business transactions in respect of goods and commodities not forming part of this Agreement subject to and in conformity with the laws and regulations of either contracting party for the time being in force.

Article IV

During the currency of this Agreement the contracting parties agree, in order to facilitate the execution of the Agreement, to consult each other in respect of any matters arising from or in connection with the supply of goods between the two countries in accordance with this Agreement.

Article V

This Agreement, having received the approval of both Governments, comes into force with immediate effect. It shall remain valid until the 30th june, 1950, and for such successive periods as may be mutually agreed upon before the expiry.

DONE AND SIGNED, in duplicate, in English, either copy being authentic, in Vienna, on the twenty eighth day of September, 1949.

KHUB CHAND,
Major-General, Head of the Indian Military Mission.
For and on behalf of the Government of India.

Dr. KARL GRUBERG,
Foreign Minister.
For and on behalf of the Government of the Austrian Federal Republic.

SCHEDULE 'A'

LIST OF AUSTRIAN IMPORTS FROM INDIA FOR THE PERIOD ENDING 30TH JUNE, 1950

Commodity
Quantity
I
Chemicals-
1. Gum, arabic
2. Shellac
.
50 tons
300 tons
II
Textiles-
1. Coconut yarn
2. Coir matting
3. Cotton, short staple
4. Goat's hair and other animal hair
5. Hemp
6. Jute goods
7. Raw Jute
8. Raw Wool (Carpet wool)
.
500 tons
Pre memoria
1,500 tons
30 tons
200 tons
Pro Memoria
3,500 tons
1,000 tons
III
Fibres & Bristles-
1. Bristles
.
100 tons
IV
Ores-
1. Manganese (40.42% manganese content)
.
20,000 tons
V
Mica-
1. Mica, blocks
.
8 tons
VI
Hides & Skins-
1. Hides, cow (raw and dry), buffalo
(dry and salted) skins, goat and bastard
2. Myrabolams and extracts thereof
.
600 tons
.
500 tons
VII
Food & Agriculture Products-
1. Castor oil
2. Linseed oil
3. Peanut oil
4. Spices
5. Tea
6. Tobacco
.
200 tons
300 tons
200 tons
100 tons
100 tons
600 tons
VIII
Miscellaneous-
1. Sheep-gut, dried
2. Medical herbs
.
3 tons
100 tons

SCHEDULE 'B'

LIST OF AUSTRIAN EXPORTS TO INDIA FOR THE PERIOD ENDING 30TH JUNE, 1950

Commodity
Quantity
Value
(in £ sterling)
I
Chemicals & Related Products-
1. Chemicals, including, lithopone,
Ultramarine dyes, insecticides, etc.
31,250
II
Machinery & Metal Products-
1. Agricultural machinery including
ploughs, cutters and cutter knives
2. Ball and roller bearings
3. Diesel engines
4. Diesel lorries
5. Electric machinery and apparatus
including transformers, electro-motors,
generators, telephone installation,
electric measuring apparatus, etc.
6. Other machinery, apparatus,
equipment, tools and parts thereof
including pumps, elevators, valves,
injectors, fittings, pneumatic tools,
welding electrodes, files, etc.
7. Motor cycles
8. Tractors
.
.
.
.
.
50 (in number)
.
.
.
.
.
.
.
100 (in number)
100 (in number)
.
.
75,000
12,500
15,000
.
.
.
.
250,000
.
.
.
.
125,000
III
Textiles-
1. Cotton pieces-goods
2. Cotton yarn
3. Embroidered allovers and flouncings
4. Woolen piece-goods
5. Woolen yarn
.
.
125 tons
.
.
100 tons
.
100,000
.
Pro memoria
25,000
IV
Paper-
1.Newsprint
2. Paper other than Newsprint
.
3,500 tons
2,000 tons
V
Instruments and Apparatus-
1. Instruments & Apparatus including
microscopes and other optical
instruments, wireless sets and parts
thereof, laboratory equipment, surgical instruments etc.
37,500
VI
Iron & Steel-
1.Steel (including a minimum of thick
steel plate 5,000 tons, spring steel
3,000 tons and other fine steel and rails 2,000 tons)
15,000 tons

Vienna,
28th September, 1949.

Dear Sir,

With reference to the Trade Agreement signed on 28th September, 1949, I am desired to state, on behalf of the Austrian Federal Government, that payments both ways will be made in pounds sterling through the Austrian Accounts with the Bank of England or through any other account mutually agreed upon between the contracting parties.

Yours sincerely,
(Sd.)
KARL RUBERG.

Major-General KHUB CHAND,

Plenipotentiary & Representative of India,
VIENNA.

[] ________________________ []

Vienna,
the 28th September, 1949.

Dear Sir,

I write to acknowledge receipt of your letter of the 28th September, 1949, which reads as follows:- "With reference to the Trade Agreement signed on 28th September, 1949, I am desired to state, on behalf of the Austrian Federal Government, that payments both ways will be made in pounds sterling through the Austrian Accounts with the Bank of England or through any other account mutually agreed upon between the contracting parties."

The position has been noted.

Yours sincerely,
(Sd.) KHUB CHAND,
Major-General, Plenipotentiary & Representative of India.

[] ________________________ []

Vienna,
28th September, 1949.

Dear Sir,

On the occasion of the conclusion of a Trade Agreement between the Republic of Austria and the Dominion of India I desire to express my earnest hope that trade will develop between the two countries.

With a view to facilitate such development and extension of trade I write to assure you, on behalf of the Government of India, that for customs and similar purposes Austrian commercial travellers and their samples will be granted the same treatment as those of other countries and that there will be no discrimination against Austrian nationals in this behalf.

I am further to inform you, on behalf of the Government of India, that Austrian goods on import into India will in practice be accorded the Most Favoured Nation treatment by application of the standard tariff rate in force at the time of such importation provided that similar treatment is accorded by the Republic of Austria to Indian goods. The formal exchange of Most Favoured Nation treatment will be examined at an early date.

Yours sincerely,

(Sd.) KHUB CHAND,
Major-General, Plenipotentiary & Representative of India.

[] ________________________ []

Vienna,
28th September, 1949.

Dear Sir,

I write to acknowledge receipt of your letter of the 28th September 1949, which reads as follows:—

"On the occasion of the conclusion of a Trade Agreement between the Republic of Austria and tile Dominion of India I desire to express my earnest hope that trade will develop between the two countries.

With a view to facilitate such development and extension of trade I write to assure you, on behalf of the Government of India, that for customs and similar purposes Austrian commercial travellers and their samples will be granted the same treatment as those of other countries and that there will be no discrimination against Austrian nationals in this behalf. I am further to inform you, on behalf of the Government of India, that Austrian goods on import into India will in practice be accorded the Most Favoured Nation treatment by application of the standard tariff ratp in force at the time of such importation provided that similar treatment is accorded by the Republic of Austria to Indian goods. The formal exchange of Most Favoured Nation treatment will be examined at an early date." I desire to thank you, on behalf of my Government for the action you propose to take.

Yours sincerely,
(Sd.) KARL GRUBERG.

Major General, KHUB CHAND,
Plenipotentiary & Representative of India, VIENNA.

[] ________________________ []

Vienna,
28th September, 1949.

Dear Sir,

During the course of our trade negotiations you raised the question of transport of goods between India and Austria in Indian ships as well as that of technical assistance to India.

I have taken note of your request that, as far as possible, transport of goods between India and Austria be effected through Indian ships and shall bring this request to the notice of Austrian importers and exporters.

The Austrian Federal Government would further be glad to facilitate the employment of Austrian technicians and specialists in India subject to mutual agreement in regard to terms and conditions between the Indian employer on the one hand and the Austrian technician or specialist on the other, and shall afford assistance, wherever possible and necessary, for the training of Indian technicians in Austria.

Yours sincerely,
(Sd.) KARL GRUBERG.

Major General KHUB CHAND, Plenipotentiary & Representative of India, VIENNA


Vienna,
28th September, 1949.

Dear Sir,

I write to acknowledge receipt of your letter of the 28th September, 1949, which reads as follows:— "During the course of our trade negotiations you raised the question of transport of goods between India and Austria in Indian ships as well as that of technical assistance to India. I have taken note of your request that, as far as possible, transport of goods between India and Austria be effected through Indian ships and shall bring this request to the notice of Austrian importers and exporters. The Austrian Federal Government would further be glad to facilitate the employment of Austrian technicians and specialists in India subject to mutual agreement in regard to terms and conditions between the Indian employer on the one hand and the Austrian technician or specialist on the other, and shall afford assistance, wherever possible and necessary, for the training of Indian technicians in Austria."

I desire to thank you, on behalf of my Government, for the action you propose to take.

Yours sincerely,

(Sd.) KHUB CHAND,
Major-General, Plenipotentiary & Representative of India.


Vienna,
28th September, 1949.

Dear Sir,

With reference to the Trade Agreement signed on the 28th September, 1949, I write to say that, according to existing Indian laws and regulations, goods listed from time to time under "Open General Licence" may be imported into India without a special licence. It is further possible to export to India, under existing regulations, items not specified in the Open General Licence List against special licences issued by or on behalf of the Government of India, applications for the grant of which are considered on merits. This procedure would cover such items as rubber goods, technical leather goods, iron and metal-ware, veneers and Gablonz goods, etc., which it has not been found possible, at this stage, to include in Schedule 'B' annexed to the Trade Agreement.

Yours sincerely,

(Sd.) KHUB CHAND, Major-General, Plenipotentiary & Representative of India.

__________________________

Vienna,
28th September, 1949.

Dear Sir,

I write to acknowledge receipt of your letter of 28th September, 1949, which reads as follows:- "With reference to the Trade Agreement signed in August, 1949, I write to say that, according to existing Indian laws and regulations, goods listed from time to time under "Open General Licence" may be imported into India without a special licence. It is further possible to export to India, under existing regulations, items not specified in the Open General Licence List against special licences issued by or on behalf of the Government of India, applications for the grant of which are considered on merits. This procedure would cover such items as rubber goods, technical leather goods, iron and metal-ware, veneers and Gablonz goods, etc., which it has not been found possible, at this stage, to include in Schedule 'B' annexed to the Trade Agreement." I desire to thank you, on behalf of my Government, for the information communicated in your letter.

Yours sincerely,
(Sd.) KARL GRUBERG

Major-General KHUB CHAND, Plenipotentiary & Representative of India. VIENNA.


Vienna
28th September, 1949.

Dear Sir,

With regard to the export to India of Tractors, as provided in Schedule 'B' annexed to the Trade Agreement signed on 28th September, 1949, I write to confirm that the Austrian Government will take steps to ensure that:—

(a) the Tractors have a horse power of not less than Ten on the draw-bar when operating on power-kerosene or high speed diesel fuel;

(b) the Tractors are not operated on petrol; and

(c) the Tractors proposed to be imported from Austria bear an ofI;cial certificate from the Government of Austria confirming manufacturers' specifications.

Yours sincerely,
(Sd.) KARL GRUBERG.

Major-General KHUB CHAND, Plenipotentiary & Representative of India, VIENNA.

_______________________

Vienna,
the 28th September, 1949.

Dear Sir,

I write to acknowledge receipt of your letter of 28th September, 1949, which reads as follows:— "With regard to the export to India of Tractors, as provided in Schetule 'B' annexed to the Trade Agreement, signed on 28th September, 1949, I write to confirm that the Austrian Government will take steps to ensure that—

(a) the Tractors have a horse power of not less than Ten on the draw-bar when operating on power-kerosene or high speed diesel fuel;

(b) the Tractors are not operated on petrol; and

(c) the Tractors proposed to be imported from Austria bear an official certificate from the Government of Austria confirming manufacturers' specifications." I desire to thank you, on behalf of my Government, for the action you propose to take.

Yours sincerely,

(Sd.) KHUB CHAND,
Major-General, Plenipotentiary & Representative of India


Vienna,
the 28th September, 1949.

Dear Sir,

With reference to the Trade Agreement signed on 28th September, 1949, I am desired to state that the Austrian Federal Government has noted with regret that it is not possible for India to include embroidered allovers and flouncings in Schedule 'B' except as a pro memoria item. We hope, however, that the Government of India will, at an early date, find it possible to review the position and to admit this traditional item of Austrian export to the Indian market.

Yours sincerely,
(Sd.) KARL GRUBERG.

Major-General KHUB CHAND, Plenipotentiary & Representative of India, VIENNA

___________________

Vienna,
the 28th September, 1949.

Dear Sir,

I write to acknowledge receipt of your letter of the 28th September, 1949 which reads as follows:—

"With reference to the Trade Agreement signed on the 28th September, 1949, I am desired to state that the Austrian Federal Government has noted with regret that it is not possible for India to include embroidered allovers and flouncings in Schedule 'B' except as a pro memoria item. We hope, however, that the Government of India will, at an early date, find it possible to review the position and to admit this traditional item of Austrian export to the Indian market." The matter will be taken up with my Government for early onsideration.

Yours sincerely,

(Sd.) KHUB CHAND, Major-General, Plenipotentiary & Representative of India.


India Bilateral

Ministry of External Affairs, India


LIIofIndia: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.liiofindia.org/in/other/treaties/INTSer/1949/15.html