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TRADE AGREEMENT BETWEEN INDIA AND CZECHOSLOVAKIA [1953] INTSer 15

TRADE AGREEMENT BETWEEN INDIA AND CZECHOSLOVAKIA

New Delhi, 17 November 1953

The Government of India and the Government of the Czechoslovak Republic, being desirous of expanding direct trade between the two countries as much as possible, hereby agree as follows

Article 1

The Government of India and the Government of the Czechoslovak Republic agree to give, subject to the law of the two countries for the time being in force, adequate facilities to import and export reasonable quantities of commodities mentioned in the attached Schedules "A" and "B".

Article 2

The Government of India confirms that Czechoslovakia is, for the purpose of import and export licensing, included, under the existing Indian law, in the soft currency area and so long as this position endures applications for licensing the import of goods from Czechoslovakia to India and export of goods from India to Czechoslovakia will be dealt with in accordance with the licensing procedure in force from time to time equally favourably as compared with any other country included in the soft currency group.

Article 3

If Czechoslovakia should be, for the purpose of import and export licensing in India, transferred from the soft currency area, or if for any other reason, it should become difficult for either Government to implement any arrangement agreed to in this agreement, the representatives of both sides agree that at the instance of either Government negotiations will be entered into with a view to modifying these arrangements as mutually considered necessary.

Article 4

The Government of Czechoslovak Republic undertakes to treat India on the same basis as any other country with whom Czechoslovakia has entered into bilateral trade agreements in respect of commodities mentioned in the Schedules 'A' and S' (appended).

Article 5

It is agreed that the payments relating to the commercial and non-commercial transactions between India and Czechoslovakia may be effected in Indian rupees or in pounds sterling, as may be mutually convenient. For the purpose of facilitating such payments, the State Bank of Czechoslovakia will maintain one or more account(s) with one or more commercial bank(s) in India authorised to deal in foreign exchange. In addition, the State Bank of Czechoslovakia will, if that Bank considers it necessary, maintain another account with the Reserve Bank of India. All the financial transactions to be financed in Rupees will take place through the account(s) maintained with the commercial bank(s). The account with the Reserve Bank of India will be used only for replenishing the balances with the commercial bank(s) as and when necessary. Payments permitted under the Indian Exchange Control Regulations to be made by residents of India to residents of Czechoslovakia will be effected by crediting the amount of such payments to the above-mentioned account(s) of the State Bank of Czechoslovakia with the commercial bank(s). Payments to be made

to persons resident in India by persons resident in Czechoslovakia will be effected by debiting the said account(s) with the commercial bank(s). The account(s) will be replenished as necessary by one of the following methods, viz., (1) by transfer of funds from another account of the State Bank of Czechoslovakia with another commercial bank, or with the Reserve Bank of India, or (2) by the sale of Sterling to the bank concerned.

2. The provisions of this Agreement cover the following payments (a) payments for the commodities imported or exported under the present agreement;

(b) payments connected with commercial transactions and covering insurance, freight (in case of shipment of goods by the ships of either country), port charges, storage and forwarding expenses and bunkering; (c) payments for distribution of films; (d) payments of the expenses connected with the trips of commercial or cultural nature as well as travelling of official delegations; (e) payments for the maintenance of the Embassy of Czechoslovakia in India and of the Embassy of India in Czechoslovakia; and (f) other non-commercial payments on which a Igreement may be reached between the State Bank of Czechoslovakia and the Reserve Bank of India.

3. Any balances in the rupee accounts maintained by the State Bank of Czechoslovakia with the Reserve Bank of India or with a commercial bank authorised to deal in foreign exchange will be convertible on demand into Sterling at the usual banVs selling rate for Sterling as fixed from time to time by the Indian Exchange Banks' Association. The above-mentioned balances will be convertible into Sterling even after the expiry of this Agreement. Ainendment to this arrangement if necessary can be made by mutual agreement between the two Governments.

Article 6

Both Governments will inform each other of the changes in their import and export policies, regulations and procedure as and when such changes are made.

Article 7

Both Governments agree to give and assist in giving the widest possible publicity to the trade arrangements concluded by this agreement.

Article 8

The schedules "A" and "B" referred to in the Article No. 1 are without prejudice to the rights of persons or firms in either country to enter into business transactions in respect of goods or commodities not forming part of these schedules, subject to and in conformity with the laws in force from time to time in either country.

Article 9

The two Governments will be pleased to assist in arranging for business contracts in various fields, but it is, of course, understood that resulting contracts, if any, will be made directly between the parties concerned in accordance with foreign exchange and other regulations in force.

Article 10

The Government of the Czechoslovak Republic will provide all facilities that it can reasonably accord to enable Indian ships to carry as large a proportion as possible of the goods to be exchanged under this Agreement.

Article 11

The schedule W and S' referred to in the Article No. 1 as well as the collateral letters exchanged between the Chairman of the delegations of the two Governments, copies whereof are annexed hereto, form an integral part of this agreement.

Article 12

This agreement shall come into effect from the date of signature and shall remain in force till 31st December, 1954, and may be extended by mutual agreement.

DONE AND SIGNED in duplicate, in English, either copy being equally authentic, in New Delhi on Tuesday, the 17th day of November, 1953.

(Sd.) H.V.R. IENGAR, For the Government of India.

(Sd.) J. VESELY, For the Government of the Czechoslovak Republic.

SCHEDULE "A"

GOODS FOR EXPORT FROM INDIA INTO CZECHOSLOVAIUA 1. Tea. 2. Spices including pepper. 3. Tobacco. 4. Iron ore. 5. Manganese ore. 6. Cashewnuts. 7. Ilnenite. 8. Linseed oil. 9. Castor oil. 10. Groundnut bil. 11. Groundruxta hand-picked selected. 12. Shellac. 13. Cotton waste. 14. Cotton raw. 15. Mica. 16. Raw goat and sheep skins. 17. Animal hair. 18. Preserved fruits. 19. Fresh fruits. 20. Raw wool. 21. Ephedrine. 22. Crushed bones. 23. Other oils including essential oils. 24. Myrobalan and myrobalan extracts. 25. Fish and blood meals. 26. Hydrogenated oil. 27. Indian handicrafts. 28. Films exposed.

SCHEDULE "B"

GOODS FOR EXPORT FROM CZECHOSLOVAKIA INTO INDIA

1. Diesel engines, namely Maxine type, and spare parts for diesel engines. 2. Pumps driven by diesel engines or electricity. 3. Machinery for shoe-making, Tannery and Rubber-maldng. 4. Wood-working machinery. 5. Welding machines. 6. Hydraulic presses for workshops. 7. Spare parts for Powerhouses. 8. Spare parts for sugar mil1s. 9. Diesel generating sets. 10. Sheet glass. 11. Domestic glassware. 12. Various sorts ofpapers including newsprint. 13. Cellophane papers. 14. Zip fasteners. 15. Laboratory and technical glassware. 16. Vanous metal goods, including tailors and bag-makers accessories. 17. Shoemakers requisites, including shoe grindery. 18. Smokers requisites. 19. Hygienical rubber. 20. Buttons. 21. Needles of all sorts. 22. Montan wax. 23. Dyestuffs. 24. Saccharine. 26. Toys, namely educational. 26. Rangolite. 27. Ammonium Hydrofluoride. 28. Potassium permanganate. 29. Lithopone. 30. Ultramarine blue. 31. Glazes, frits, colours and enamels. 32. Laboratory hemicals. 33. Other chemicals products. 34. Phishes. 35. Felts. 36. Woollen and cotton knitted goods. 37. Haberdashery, Millinery, drapery and apparel. 38. Caps and fezes. 39. Machine tools and tools for metal working and spare parts thereof. 40. Agricultural tractors with accessories and spare parts. 41. Agricultural implements and spare parts. 42. Textile machines and spare parts. 43. Graphic machinery. 44. Component parts of wireless reception instrument and apparatus. 45. Electricity meters. 46. Telephone sets and exchanges. 47. Medical and dental apparatus and instruments. 48. Sporting and hunting arms and ammunition. 49. Typewriters and spare parts. 60. Offset printing machines, rotaprint and spare parts. 51. Domestic sewing machines and parts. 52. Industrial sewing machines and parts. 53. Photographic and motion pictures, cameras and appliances. 54. Microscopes and optical lenses. 55. Spectacle frames and sun glasses. 56. Water meters. 57. Spare parts for motor cars. 68. Motor cycles and spare parts. 59. Bicycles and spare parts. 60. Laundry machines. 61. Refrigerators. 62. Motor car equipment. 63. Domestic hardware. 64. Food machinery. 65. Electric kitchen appliances. 66. Industrial and Street lighting fittings. 67. Vacuum flasks. 68. Cast iron enamelled bath tubs. 69.--industrial leather belting. 70. Industrial rubber belting. 71. Fibre boards, hardboards. 72. Musical instruments. 73. Textile accessories. 74. Pencils, graphites.75. Stationery and office equipments. 76. Bottled beer. 77. Canned fruits and vegetables. 78. Jams. 79. Thermal products. 80. Prints, engravings and pictures, including photographs and postcards, books and playing cards ' 81. Grarnophone needles and component parts. 82. Household china and porcelain. 83. Sanitary earthenware. 84. Asbestos cement goods. 85. Abrasive materials. 86. Wall tiles. 87. Iron and steel wire netting. 88. Panalapine and common wire hails. 89. Ship chains, dog and ox chains. 90. Glass jewellery, glass chatons and beads (pearls). 91. Condensed milk. 92. Bakery shops. 93. Dried milk products. 94. Plastics and artificial leather. 95. Art silk goods. 96. Road building machinery including rollers. 97. Building machinery. 98. Narrow gauge diesel locomotives. 99. Foundry machinery.100. Stone-grindingmachinery. 101. Screw presses. 102. Machines for chemical industry. 103. Battery lorries. 104. Diesel generating pumps. 105. Films exposed.

LETTERS CHAIRMAN OF THE CZECHOSLOVAK TRADE DELEGATION.

New Delhi, the 17th November, 1953.

Dear Mr. IENGAR,

During the discussion which preceded the Indo-Czechoslovak Trade agreement concluded today, it was explained that India's import licensing policy is set out in the Import Trade Control Policy book issued by the Government of India. It is understood that India's import and export regulations may be amended from time to time.

It was as well explained that the imports into and exports from Czechoslovakia and their licensing are based practically on bilateral trade agreements with quotas fixed for the various products or groups of products and Czechoslovakia had concluded such bilateral trade agreements with a number of countries. I should be grateful to have your confirmation to the above understanding.

Yours sincerely,

(Sd.) J. VESELY. Chairman, Czechoslovak Trade Delegation.

H.V.R. IENGAP, Esquire,

Chairman of the Indian Trade Delegation, New Delhi.

____________________

CHAIRMAN OF THE INDIAN TRADE DELEGATION. New Delhi, the 17th November, 1953

Dear Mr. VESELY,

I write to acknowledge the receipt of your letter of today's date which reads as follows -- (Notprinted) I confirm that this sums up the position correctly.

Yours sincerely,

(Sd.) H.V.R. IENGAR. Chairman, Indian Trade Delegation.

J. VESELY, Esquire,

Chairman, Czechoslovak Trade Delegation, New Delhi.

____________________

CHAIRMAN OF THE CZECHOSLOVAK TRADE DELEGATION. New Delhi, the 17th November, 1953

Dear Mr. IYENGAR,

During the discussions that preceded today's conclusion of the Indo-Czechoslovak Trade Agreement, the Czechoslovak Government's desire to enter into a bilateral agreement with India on the basis of most- favoured -nation treatment regarding customs tariffs was considered. It was pointed out by the Indian delegation that there was no need to discuss this question immediately as the most-favoured- nation treatment comes within the meaning of the arrangements which are now in force. It was, therefore, mutually agreed that in the event of any change in the said arrangement, the existing relationship between India and Czechoslovakia would continue unchanged for a period of three months from such date so that either country may, during that period, initiate negotiations for an arrangement for future relationship between the two countries. The basis for these negotiations may be the draft of "Trade agreement between Czechoslovakia and India" submitted by the Czechoslovak delegation during the discussions. I should be grateful to have your confirmation to the above understanding.

Yours sincerely,

(Sd.) J. VESELY. Chairman, Czechoslovak Trade Delegation.

H.V.R. IENGAR, Esquire,

Chairman of the Indian Trade Delegation, New Delhi.

DRAFT TRADE AGREEMENT BETWEEN CZECHOSLOVAEIA AND INDIA

Article I

1. With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation imposed on the international transfer of payments for imports or exports, and with respect to the methods of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation including marking requirements, and with respect to internal tax or other internal charges of any kind, and all laws, regulations and requirements affecting the internal sale offering for sale, purchase, transportation, distribution or use of imported products, any advantage, favour, privilege or immunity granted by either contracting party to any products originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territory of the other contracting party.

2. The provisions of paragraph 1 of this Article shall not require the elimination of any preference in respect of import duties or charges between India and any other member of the British Commonwealth of Nations which do not exceed the level existing on (the date of signature).

3. The provisions of paragraph 1 of this Article shall not be construed to prevent (a) advantages accorded by either contracting party to adjacent countries in order to facilitate frontier traffic; (b) the formation of a customs union or of a free trade area.

Article II

1. Products originating in or destined to either contracting party passing in transit through the territory of the other contracting party shall be free from all transit duties whether they pass through directly or whether during transit they are unloaded, warehoused or reloaded.

2. With respect to all charges, regulations and formalities in connection with transit, either contracting party shall accord to traffic in transit to or from the territory of the other contracting party treatment no less favourable than the treatment accorded to traffic in transit to or from any third country. Article III

1. Neither contracting party shall levy anti-dumping duty on the importation of any product of the territory of the other contracting party-

(a) unless it determines that the effect of the importation which in the view of its legislation is to be considered as anti-dumping is such as to cause or threaten material injury to an established domestic industry or is such as to retard materially the establishment of a domestic industry,-,and (b) unless no result has been achieved by prior representations made by the contracting party intending to introduce the anti-dumping duty to the other contracting party with a view to eliminate the harmful effect of such importation.

2. No product of the territory of either contracting party imported into the territory of the other contracting party shall be subject to anti-dumping duty by reason of the exemption of such product from duties or taxes borne by the like products when destined for consumption in the country of origin or exportation or by reason of the refund of such duties or taxes. Article IV

1. In determining the dutiable value of the products imported into the territory of either contracting party from the territory of the other contracting party, the Customs authorities concerned shall give primary consideration to the price shown on the commercial invoice unless there is presumption of deliberate undervaluation or fraud.

2. The value for customs purposes of any imported products shall not include the amount of any internal tax, applicable within the country of origin or export, from which the imported product has been exempted or has been or will be relieved by means of refund. Article V

1. The contracting parties undertake to limit any fees and charges, other than duties, imposed by governmental authorities on or in connection with importation or exportation in amount to the approximate cost of services rendered.

2. The contracting parties shall not impose substantial penalties for minor breaches of customs regulation or procedural requirements. In particular, no penalty in respect of any omission or mistake in customs documentation which is easily rectifiable and obviously made without fraudulent intent or gross negligence shall be greater than necessary to serve merely as a warning.

Article VI

1. The contracting parties shall not require consular invoices or consider visas for any consignment of goods into their country from the territory of the other contracting party. 2. Certificates- or origin shall, in principle, not be required as separate documents; regular commercial invoices and ordin arily transport documents shall be regarded as sufficient documents for the ascertainment of origin of any consignment of goods. Article WI With regard to the geographical situation of Czechoslovakia as a landlocked country it is agreed that the term "date of shipment" used in the issuing of licences for the importation of Czechoslovak goods into Indian territory is to be interpreted to mean the date of placing on rail in Czechoslovakia of goods for direct removal to India.

Article VIII

1. Either contracting party shall exempt from import duties samples of goods of all kinds imported into its territory from the territory of the other contracting party, provided such samples are of negligible value and are only to be used for soliciting orders for goods of the kind represented by the samples with a view to their importation. The customs authorities of the territory of importation may require that, as a condition of their being exempted from import duties in accordance with this paragraph, samples shall be made useless as merchandise by marking, tearing, perforation or other treatment, but not, however, so as to destroy their usefulness as samples.

2. Samples which are chargeable with import duties shall, when imported from the territory of the other contracting party, with or without the intervention of a commercial traveller, by persons established in the territory of either contracting party, be temporarily admitted free of import duties, subject to the amount of import duties being deposited or security being given for payment if necessary. On the re-exportation within the permitted time (which shall not be less than six months) of samples imported under this paragraph, the refund of any amount deposited or the release of any security given on importation shall be effected without delay at any of the customs offices situated at the frontier or in the interior of the territory which posesses the necessary authority.

3. Either contracting party shall accord the facilities provided by paragraph 2 of this Article subject to the conditions laid down in that paragraph : i (a) to positive cinematograph advertising films of a width not exceeding 16 mm shown to the satisfaction of its customs authorities to consist essentially of photographs (with or without sound track) showing the nature or operation of products or equipment whose qualities cannot be adequately demonstrated by samples or catalogues, provided that the films : (i) relate to products or equipment offered for sale or for hire by a person established in the territory of the other contracting party; and

(ii) are of a kind suitable for exhibition to prospective customers but not for general exhibition to the public; and (iii) are imported in a packet which contains not more than one copy of each film and which does not form part of a larger consignment of films; (b) to any product imported for exhibitions, competition or fairs.

Article IX

Either contracting party shall exempt from import duties catalogues, price-lists and trade notices, imported from the territory of the other contracting party and relating to

(a) goods offered for sale or hire; or

(b) transport or commercial insurance services offered by a person established in the territory of the other contracting party provided that each consignment imported either : W consists of not more than one document; or (ii) if it consists of more than one document, does not include more than one copy of any one document; or (iii) irrespective of the number of documents or copies does not exceed 1 kilogram in gross weight.

Article X

Either contracting party shall refund import duties paid for goods which have- been returned or re-exported within a period of three months from the date of the customs clearance which could be in case of necessity extended by another three months on the same condition because the business transaction involved has not been effected or because the respective contract has been cancelled.

Article XI

(1) In the event of any form of quantitative regulation of importation or exportation being established or maintained in either country, on any article of interest to the other country, the country imposing such quantitative regulation shall accord equitable treatment to the commerce of the other country.

(2) The system adopted to give effect to any form of quantitative regulation of importation or exportation shall not be so worked as to cause unnecessary damage to the commercial or economic interests of the other contracting party. (3) Neither contracting party shall apply import prohibitions or restrictions on the importation from the territory of the other contracting party of goods which qualify (or would qualify if they were dutiable) for exemption from import duties by virtue of the provisions of Article VIII, paragraph 1, and Article IX provided that the importation of such goods does not give rise to any payment other than for freight or insurance or for services provided in the territory of importation by a person established in that territory.

Article XII

Subject to the requirement that, under like circumstances and conditions, there shall be no arbitrary discrimination by either country against the other country, the provisions of this agreement shall not extend to prohibitions or restrictions (a) necessary to protect public morals or essential security interests; (b) necessary to protect human, animal or plant life or health; W relating to the importation of gold or silver.

Article XIII

(1) The present Agreement shall be ratified and the instruments of ratification shall be exchanged (in Prague) as soon as possible. It shall enter into force thirty days after the exchange of the instruments of ratification. (2) Nevertheless the present Agreement shall be applied provisionally from the thirtieth day after its signature.

Article XIV

The present Agreement shall remain in force until the expiration of six months from the date when one of the contracting parties will get the written announcement of the intention of the other contracting party to terminate the present Agreement.

CHAIRMAN OF THE INDIAN TRADE DELEGATION. New Delhi, the 17th November, 1953

Dear Mr. VESELY,

I write to acknowledge the receipt of your letter of today's date which reads as follows : (Not printed) I confirm that this sums up the position correctly.

Yours sincerely,

(Sd.) H.V.R. IENGAR. Chairman, Indian Trade Delegation.

J. VESELY, Esquire,

Chairman of the Czechoslovak Trade Delegation, New Delhi.

____________________

CHAIRMAN OF THE CZECHONOVAK TRADE DELEGATION. New Delhi, the 17th November, 1953

Dear Mr. IENGAR,

During the discussions it was agreed that the Czechoslovak Republic may establish in India its Trade Representation to promote and look after trade relations between India and the Czechoslovak Republic.

2. The Czechoslovak Delegation explained that The Trade Representative will act on behalf of and in the name of the Government of the Czechoslovak Republic when he concludes business transactions in India. The Government of the Czechoslovak Republic would be responsible for those trade contracts only which may be concluded or guaranteed by the Trade Representative and signed by persons authorised by the Czechoslovak Government for the purpose. Responsibility for all trade contracts which may be concluded without the guarantee of the Trade Representative by any Czechoslovak economic organisation or individual is with that organisation or individual exclusively and neither the Government of the Czechoslovak Republic nor the Trade Representative is responsible for such contracts. The Trade Representative and his Deputy will enjoy all the rights, privileges and immunities granted to the members of the Diplomatic Corps.

3. In generally agreeing to this position, the Indian delegation explained that- (a) The Trade Representative and his Deputy should be officially attached to the Czechoslovak Ambassador and should be members of the Czechoslovak Embassy. As it is the policy of the Government of India not to regard as members of a Diplomatic Mission any officers stationed in places other than New Delhi, it was given to understand that these officers should be posted in New Delhi itself and that their offices should function as a part of the Embassy. These officers should be designated in accordance with the Diplomatic Convention [Commercial Counsellor and Trade Representative, First Secretary (Commercial) and Deputy Trade Representative and so on]. (b) No member of the staff of the Czechoslovak Trade Representation in New Delhi other than those mentioned in sub-paragraph (a) above or the offices that are located or may be located outside New Delhi shall enjoy diplomatic or consular privileges and immunities. If, however, these persons are officials of the Czechoslovak Republic, certain courtesy and consideration will be extended to them and such facilities as are essential for the performance of their duties and as may be mutually agreed upon, will be afforded to them.

4. It was agreed that the commercial transactions concluded and guaranteed in India by the Trade Representative or any person authorised in this behalf by the Czechoslovak Government shall be subject to the jurisdiction of the Courts in India and the Laws thereof unless otherwise provided by agreement between the contracting parties.

5. It was further agreed that other details essential for the functions of the Trade Representation of the Czechoslovak Republic in India should be agreed upon between the two Governments before the Trade Representation in question will start its function.

Yours sincerely,

(Sd.) J. VESELY. Chairman, Czechoslovak Trade Delegation.

H.V.R. IENGAR, Esquire,

Chairman of the Indian Trade Delegation, New Delhi.

____________________

CHAIRMAN OF THE INDLAN TRADE DELEGATION.

New Delhi, the 17th November, 1953

Dear Mr. VESELY,

I write to acknowledge the receipt of your letter of today's date which reads as follows :- (Not printed) I confirm that this sums up the position correctly.

Yours sincerely,

(Sd.) H.V.R. IENGAR. Chairman, Indian Trade Delegation.

J. VESELY, Esquire,

Chairman, Czechoslovak Trade Delegation. New Delhi.

____________________

TRADE AGREEMENT EXTENDED (1954) EXCHANGE OF LETTERS,

31 DECEMBER, 1954

EMBASSY OF INDIA, PRAGUE.

31st December, 1954

Dear Mr. SCHMELZ,

I have the honour to refer to Article 12 of the Trade Agreement between our two countries concluded on the 17th November, 1953, and to the recent discussions regarding its renewal from 1st January, 1955. It was agreed during these discussions that, pending further negotiations, the current Trade Agreement should, as an interim measure, be extended for a period of three months from 1st January, 1955. I should be grateful if you would please confirm the foregoing.

Yours sincerely,

(Sd.) DHARMA VIRA. Ambassador of India.

His Excellency Mr. ROBERT SCHMELZ, Vice-Minister of Foreign Trade,

____________________

Government of Czechoslovak Republic, Prague. Praha, the 31st December, 1954

Dear Mr. DHARMA VIRA,

I write to acknowledge receipt of your letter of today's date, which

reads as follows : (Not printed) I confirm that the foregoing correctly sets out the position.

Yours sincerely,

(Sd.) R. SCHMELZ.

His Excellency, Mr. DHARMA VIRA, Ambassador Extraordinary and Plenipotentiary of India, Praha.

____________________

FURTHER EXTENSION (1955) EXCHANGE OF LETTERS, 3 JUNE 1955

EMBASSY OF INDIA Praha, the 3rd June, 1955

Dear Mr. SCHMELZ,

I have the honour to refer to the recent discussions relating to the renewal of the Indo-Czech Trade Agreement, and to state that it was agreed during there negotiations that sub-para. (b) of para. 2 of Article 5 and Article 10 of the existing Trade Agreement and the existing Schedules A and B should be altered as follows Sub-para. (b) ofpara. 2 of Article 5-

'Payments connected with commercial transaction and covering in- surance, freight (in case of shipment of goods by ships flying flag of either country), port charges, storage and forwarding expenses and bunkering.' Article 10-

'The Government of the Czechoslovak Republic will provide all facilities that can reasonably accord to ships flying the Indian flag to carry as large a proportion of the goods as possible.'

SCHEDULE A

The following items should be added after the existing item 28 Cotton rayon and woollen textiles, cotton and rayon knitted wear; plastic goods, sports goods, carpet and coir products.

SCHEDULE B

Item 46- should be amended to read "telephone exchange". The following items should be added after the existing item 105 Equipment for thermal and hydropower station; Equipment for mining, including coal washing industry;

Equipment for ores dressing industry; Equipment for iron and steel industry;

Equipment for rolling stock, including locomotives, wagons and trucks.

2. It was agreed that the text of the existing Trade Agreement be modified to the extent indicated above, and the Agreement so modified will remain in force up to 31st December, 1955.

3. 1 would be grateful if you would please confirm that the foregoing correctly sets out the understanding reached between us.

Yours sincerely,

(Sd.) DHARMA VIRA. Ambassador of India.

His Excellency Mr. ROBERT SCHMEIZ, Vice-Minister of Foreign Trade,

____________________

Government of Czechoslovak Republic, Prague. Praha, the 3rd June, 1955

Dear Mr. DHARMA VIRA,

I have the honour to acknowledge the receipt of your letter of today's date which reads as follows : (Not printed) I confirm that the above sums up the position correctly.

Yours sincerely,

(Sd.) R. SCHMEM. Vice-Minister of Foreign Trade.

His Excellency, Mr. DHARMA VIRA,

Ambassador Extraordinary and Plenipotentiary, Government of India, Praha.

____________________

EXTENSION FOR ANOTHER YEAR (1956) EXCHANGE OF LETTERS 20 JANUARY 1956 EMBASSY OF THE CZECHOSLOVAK REPUBLIC New Delhi, the 20th January, 1956

Dear Mr. LALL,

I have the honour to refer to article 12 of the Trade Agreement between our two countries concluded on the 17th November, 1953, and to the recent discussions regarding its renewal from 1st January 1956. It has been agreed during these discussions that the Trade Agreement, as modified by the letters exchanged on 3rd June 1955, be extended up to 31st December, 1956. 1 should be glad if you would please confirm that this letter correctly sets out the understanding reached between us.

Yours sincerely,

(Sd.) FRANTISEK M. KOMZALA- Mr. K.B. LALL, I.C.S., Joint Secretary, Ministry of Commerce and Industry, Government of India, New Delhi.

____________________

GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY

New Delhi, the 20th January, 1956

Dear Mr. KOMZAIA

I write to acknowledge receipt of your letter of today's date, which reads as follows : (Not printed) I confirm that the above sums up the position correctly.

Yours sincerely,

(Sd.) K.B. LALL.

H.E. Mr. FRANTISEK-M. KOMZALA Ambassador Extraordinary and Plenipotentiary, Embassy of Czechoslovak Republic in India, New Delhi.

____________________

FURTHER EXTENSION (1957) EXCHANGE OF LETTERS, 25 JANUARY 1957

Copy of the D.O. letter dated the 25th January, 1957 from H.E. Mr. Jiri Nosek, Ambassador Extraordinary and Plenipotentiary of Czechoslovakia, New Delhi, to Shri KJ. Lall, Joint Secretary, Ministry of Commerce & Consumer Industries, New Delhi. I have the honour to refer to article 12 of the Trade Agreement between our two countries concluded on the 17th November, 1953, and to the recent discussions regarding its renewal from 1st January, 1957. It has been agreed during these discussions that pending a closer examination of some suggestions which have been made for modification of the Agreement, the Trade Agreement, as modified by the letters exchanged on the 3rd June 1955, and subsequently prolonged by the exchange of letters on the 20th January, 1956 may be extended up to 31st March, 1957. I should be glad if you would please confirm that this letter

correctly sets out the understanding reached between us. Copy of the D.O. letter dated the 25th January, 1957 from Shri K.B. Lall, Joint Secretary, Ministry of C. & C. I., New Delhi to H.E. Mr. Jiri Nosek, Ambassador Extraordinary and Plenipotentiary of Czechoslovakia, New Delhi. I write to acknowledge receipt of your letter of today which reads as follows (Not printed) I should be glad if you would please confirm that this letter correctly sets out the understanding reached between us. 2. I confirm that the above correctly sets out the understanding that was reached between us.

____________________

EXTENSION UPTO SEPTEMBER 1967 EXCHANGE OF LETTERS 3 JUNE 1957

EMBASSY OF CZECHOSLOVAK REPUBLIC IN INDIA New Delhi, June 3, 1957

Dear Mr. LALL,

I have the honour to refer to Article 12 of the Trade Agreement between our two countries concluded on the 17th November, 1953, and to the recent discussions I had with you regarding its renewal from Ist April, 1957. It has been agreed during these discussions that pending a closer examination of some suggestions which have been made for the modification of the agreement, the Agreement as modified by the letters exchanged on the 3rd June 1955 and subsequently prolonged by the exchange of letters on the 20th January 1956 and 25th January 1957, may be extended up to the 30th September 1957. I should be glad if you would please confirm that this letter correctly sets out the understanding reached between us.

Yours sincerely, (Sd.) ING. J. NOSEY, Ambassador Extraordinary and Plenipotentiary of Czechoslovakia.

K.B. LALL., Esquire, I.C.S.,

Joint Secretary to the Government of India, Ministry of Commerce & Industry. New Delhi.

____________________

GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY

New Delhi, the 3rd June, 1957

Dear Mr. JIRI NOSEY,

I write to acknowledge receipt of your letters of today's date, which reads as follows :

(Not printed)

I confirm that the above correctly sets out the understanding reached between us.

Yours sincerely, (Sd.) K.B. LALL.

H.E. Mr. JIRI NOSEK, Ambassador Extraordinary and Plenipotentiary, Embassy of Czechoslovak Republiq in India, New Delhi.


India Bilateral

Ministry of External Affairs, India


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