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TRADE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF IRAQ [1971] INTSer 17

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND
THE GOVERNMENT OF THE REPUBLIC OF IRAQ

New Delhi, 24 September 1971

The Government of the Republic of INDIA,

AND

The Government of the Republic of IRAQ,

BEING desirous of promote trade relations between their two countries and to further friendship and mutual understanding between their people,,

HAVE resolved to conclude the following Agreement :

Article I

The Two Contracting Parties agree to establish economic and trade relations between their two countries on the basis of equality and mutual benefit.

Article II

The two Contracting Parties agree to use all possible means to achieve balanced trade between the two countries.

Article III

Subject to their respective laws and regulations, the two Contracting Parties shall take all appropriate measures to promote and facilitate trade between the two countries in all possible ways, in particular with regard to the items listed in Schedules A and B annexed to this Agreement.

Noting in this Agreement shall preclude trade in goods and commodities not mentioned in the said Schedules.

Article IV

1. The two Contracting Parties agree to grant each other the most favoured nation treatment in all matters relating to trade between their two countries.

(a) Privileges and advantages which are currently being accorded or which may be granted in future by the Government of Republic of Iraq to Arab countries or to neighbouring or contiguous countries, as well as favours arising out of any Customs Union or multilateral economic agreement, which is currently in existance or which may in the future be concluded by the Republic of Iraq;

(b) Privileges and advantages which are currently being accorded or which may be granted in the future by the Government of Republic of India to neighbouring or contiguous countries as well as favours arising out of any Customs Union or multilateral economic agreement which is currently in existence or which may in the future be concluded by the Republic of India.
(c) Privileges and advantages, favours or immunities accorded by India to any country existing on the date of this Agreement or in replacement of such privileges or advantages that existed prior to the 15th August 1947.

Article V

The exchange of goods between the Republic of Iraq and the Republic of India shall be effected through contracts to be concluded between the Iraqi and Indian physical and juridical persons in accordance with the laws and regulations in force in both countries. The two Parties have the right to demand a certificate or origin issued by the authorised bodies in the country of origin.

Article VI

The settlement of payments and other charges relating to import and exports of goods and commodities shall be effected in any convertible currency agreed upon by both Parties.

Article VII

The merchant ships and sailing vessels belonging to either of the two Contracting Parties, together with their cargoes, shall enjoy, in respect of all matters relating to navigation, free entry into the ports open to foreign trade, use of ports and harbour facilities, loading and unloading dues, taxes and other facilities, a treatment in no way less favourable than the treatment accorded to ships of any other foreign country, except that any concessions accorded to ships engaged in the coastal trade of either Party shall not be available under this Article to the other Party.

Article VII

The two Contracting Parties agree to set up a Joint Committee that shall meet once a year before the end of the Trade Plan period, to review the implementation of this Agreement as well as the Trade Plan for that year and to suggest the Trade Plan for the following year.

Article IX

Subject to the laws and regulations in force in the two countries, the two Contracting Parties agree to accord to each other the necessary facilities for holding permanent and temporary fairs with a view to displaying their products as well as establishing trade centres for each of the two countries in the other country.

Article X

The two Contracting Parties agree that goods imported by either country from the other shall not be re-exported to a third country without prior approval of the country of origin of the goods.

Article XI

The Agreement shall replace the Trade Agreement signed on December 13, 1962.

Article XII

The Agreement shall enter into force as from the date of exchange of the Instruments of Ratification executed in accordance with the constitutional procedure of the two Contracting Parties. It shall remain valid for three years, after which the Agreement shall be considered automatically renewed for similar periods thereafter, unless a notice of termination or amendment in writing is given by either of the two Contracting Parties three months prior to the period of its validity.

IN WITNESS WHEREOF the representatives duly authorised by their respective Governments have signed this Agreement.

DONE at New Delhi on the twenty fourth day of September one thousand Nine Hundred and Seventy one in two original copies in the English Language, both texts being equally authentic.

For the Government of the For the Government of
Republic of India Republic of Iraq
Sd/- Sd/-
L N MISHRA DR. FAKHRI KADDOURI
Minister of Foreign Trade Leader of the Iraqi
Government of India Trade Delegation

SCHEDULE A
GOODS FOR EXPORTABLE GOODS FROM INDIA

I. Animal and Marine Products
1. Leather manufactures
2. Finished leather
3. Animal casings

II. Agricultural Products
1. Cigars and Cigarettes
2. Hemp
3. Palmyra fibre
4. Tapioca flour (Maniocmeal)
5. Sago
6. Fresh fruits including bananas
7. Fruit products
8. Cotton seed oil
9. Plywood (Commercial and tes-chests)
10. Henna powder
11. Cashew nuts and other dry fruit-almond, walnuts, raisins, figs, pistachio nuts, etc.
dry ginger and apricots
12. Coir and coir products
13. Tobacco
14. Tamarind
15. Turmeric
16. Castor oil
17. Groundnut oil
18. Linseed oil
19. Salad oil
20. Vanaspati
21. Cotton and seed cake
22. De-oiled cake (Rice bran)

III. Drugs, Pharmaceuticals, Chemicals and Allied Products
1. Calcined Magnesite
2. Bichromates
3. Alumina Ferric
4. Ferro Manganese
5. Pigments, Paints and Varnishes
6. Printing Inks other than black
7. Fountain pen ink
8. Myrabolan and extract
9. Nux Vomica Alkaloids and preparations
10. Soaps, toiletries, Hair Oil and Perfumes
11. Glycerine
12. Hydraulic Brake Fluid
13. Pharmaceuticals, drugs, medicines, vaccines, serums etc.
14. Safety matches and fireworks
15. Fire extinguishers
16. Crockery
17. Magnesium chloride
18. Ethyl Alcohol and industrial alcohol
19. Rubber products including bicycle tyres and tubes other than those types of tyres
and tubes export of which is banned
20. Asbestos products
21. Liquid Glucose
22. Benzene
23. Surgical Cotton
24. Strychine
25. Morphine
26. Bromides (Sodium and Potassium and Calcium)
27. Liquid Bromine
28. All antibiotics
29. All alkaloids
30. Synthetic drugs
31. Tetracyclins
32. Hamycin
33. Anti-tubercular drugs (P.A.S. and Salts)
34. Anti-Dysentry drugs (Indochloro and di-iodiquinolin).
35. Bleaching powder
36. Hydro-chloric acid
37. Hydrogen peroxide
38. Sodium perborate
39. Liquid chlorine
40. Anti-leprotic drugs (D.S.S. and Derivatives)
41. Amodiaquin
42. Vitamins A
43. Vitamins C
44. Emetine
45. Santonine
46. Quinine
47. Brucine
48. Synthetic Hormones
49. Aspirin
50. Calcium gluconate and other calcium salts
51. Ferro gluconate
52.` Nikethamide
53. Insecticides, pesticides, fungicides (formulation only)
54. Dentifrices
55. PVC/leather cloth.

IV. Engineering Products
All light, medium and heavy engineering goods including complete plants and projects.

V. Mining Products
1. Mica brics
2. Micenite
3. Ground Mica
4. Sillimanite
5. Ilmenite
6. Magnesite
7. Iron ore
8. Manganese ore

VI. Plastics and Spots Goods
1. Spectacle frames
2. Fountain pens
3. Plastic and moulded goods including umbrella handles
4. Linoleum
5. Leather cloth
6. Bangles
7. Decorative lemina
8. Sports goods

VII. Textiles, Cotton and Woollen, such as
1. Cotton piece goods
2. Cotton dhoties and sarees
3. Hosiery and knitted garments cotton and rayon
4. Silk, art silk and rayon fabrics
5. Cotton twist and yarn other than cotton, woollen and silk manufactures
6. Jute manufactures
7. Handloom fabrics

VIII. Food
1. Tea
2. Coffee
3. Spices including pepper
4. Fish prawns - dried
6. Preserved fruits and vegetable products
7. Cane Jaggery
8. Cane jaggery powder (Indian gur)
9. Processed Food
10. Sugar

IX. Others
1. Bicscuits
2. Confectionery and chocolates
3. Potable spirits and beer
4. Red Earthen tiles
5. Agarbatties
6. Pencils
7. Carbon paper and typewriter ribbons
8. Books (Printed and others)
9. Brass artware and other handicrafts
10. Bees wax
11. Paraffin wax
12. Opium, raw
13. Exposed cinematographic films
14. Records
15. Clocks and watches
16. Umbrellas and umbrella parts
17. Handicrafts and cottage industry products
18. Artificial dentures
19. Stationery articles
20. Ball point pencils
21. Sandalwood chips
22. Cigarettes paper
23. Cycle rims
24. Printing inks
25. Guar gum.

SCHEDULE B
IRAQI EXPORTABLE GOODS TO INDIA

1. Crude Oil
2. Oil products
3. Dates
4. Dates Syrup
5. Tobacco
6. Food Grains
7. Sulphur
8. Other mineral products
9. Chemical fertilizers.


India Bilateral

Ministry of External Affairs, India


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