Senát Národního shromáždění R. Čs. r. 1923.

I. volební období.

8. zasedání.

Tisk 1787.

Poslanecká sněmovna Národního shromáždění republiky Československé učinila ve 244. schůzi dne 19. prosince 1923 toto usnesení:

Obchodní smlouva mezi republikou Československou a Spojeným Královstvím Velké Britanie a Irska, podepsaná v Londýně dne 14. července 1923, se dodatečně schvaluje.

Tomášek v. r.,
předseda.

Dr. Říha v. r.,
sněm. tajemník.

Bradáč v. r.,
zapisovatel.

BETWEEN

AND

MEZI

A

(Text původní.)

THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC AND HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA, being desirous of further facilitating and extending the commercial relations already existing between their respective countries, have determined to conclude a Treaty of Commerce with this object, and have appointed as their plenipotentiaries that is to say:

The President of the Czechoslovak Republic:

Dr. Edward Beneš,

Minister for Foreign Affairs of the Czechoslovak Republic;

And His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India:

the Most Honourable the Marquess Curzon of Kedleston, K. G.,

His Majesty's Principal Secretary of State for Foreign Affairs,

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed to the following articles:

The subjects or citizens of each of the Contracting Parties and goods the growth produce or manufacture of the territories of the two Gontracting Parties and the vessels of each of the twoContracting Parties shall enjoy unconditionally in the territories of the other treatment at least as favourable in all respects as that accorded to the subjects or citizens and the produce of the soil and industry and the vessels of the most favoured foreign country. This treatment shall be accorded in all matters of commerce and navigation, both as regards importation, exportation and transit, and in general in all that concerns Customs duties and formalities and commercial operations; the establishment of the subjects or citizens of each of the Contracting Parties in the territories of the other; the exercice of commerce, industries and professions, the payment of taxes, and the treatment of commercial travellers and their samples.

Articles, the produce or manufacture of the territories of one of the Contracting Parties imported into the territories of the other, from whatever place arriving, shall not be subjected to other or higher duties or charges than those paid on the like articles, the produce or manufacture of any other foreign country. Nor shall any prohibition or restriction be maintained or imposed on the importation of any article the produce or manufacture of the territories of either of the Contracting Parties into the territories of the other, from whatever place arriving, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other foreign country.

The Contracting Parties shall be entitled to determine under what circumstances certificates of origin may be required. They undertake to examine the possibility of coming to an arrangement for the issue of these certificates without any Consular fee being charged.

Articles the produce or manufacture of the territories of either of the Contracting Parties exported to the ter ritories of the other shall not be subjected to other or higher duties or charges than those paid on the like articles exported to any other foreign country. Nor shall any prohibition or restriction be imposed on the exportation of any articles from the territories of either of the two Contracting Parties to the territories of the other which shall not equally extend to the exportation of the like article to any other foreign country.

In the event of import licences being required for the importation of any class of goods into the territories of either of the Contracting Parties, the licensing system shall not be so worked as to cause discrimination against the goods produced or manufactured in the territories of the other Contracting Party, and the conditions under which licences may be obtained for the importation of such goods shall be not less favourable than those applied in the case of similar goods the produce or manufacture of any other foreign country.

In conformity with this principle and so long as the licensing system continues in the Czechoslovak Republic the Czechoslovak Republic undertakes to admit goods produced or manufactured in His Britannic Majesty's territories to an annual amount to be agreed upon.

The only exceptions to the foregoing general rules shall be in the case of the sanitary or other prohibitions occasioned by the necessity of securing the safety of persons or of animals or of plants useful to agriculture and of the measures applicable in the territories of either of the two Contracting Parties to articles enjoying a bounty in the territories of the other Contracting Party.

Nothing in this Treaty shall be held to prohibit the imposition in His Britannic Majesty's territories of special rates of customs duty on specified articles of Czechoslovak origin, other or higher than those levied on similar articles the produce or manufacture of any other foreign country, in cases where such special rates of customs duty are levied in pursuance of legislation of general application enabling the impositioal of such duties on articles the produce or manufacture of any country, where such articles are being sold or offered for sale in the part of His Britannic Majesty's territorios concerned at prices which by reason of depreciation in the value in relation to sterling of the currency of the country in which the articles are produced or manufactured are below the prices at which similar articles can be profitably produced or manufactured in the part of His Britannic Majesty's territories concerned, and that by reason thereof employment in that part of His Britannic Majesty's territories is being or is likely to be seriously affected.

Nevertheless no special rates of customs duty shall be imposed on goods manufactured in Czechoslovakia, until the expiration of three months from the date on which the Czechoslovak Government have been notified of the intention of the Government of the part of His Britannic Majesty's territories concerned to impose such duty. In the event of such notice being given this Convention shall, notwithstanding the provisions of Article XI, at the request of the Czechoslovak Government cease to have effect as between Czechoslovakia and such part of His Britantic Majesty's territories from the date on which the Czechoslovak goods in question become liable to the special duty referred to.

His Britannic Majesty will not invoke the provisions of Article I of this Treaty to secure the advantages of any special arrangements which may be concluded between the Czechoslovak Republic and either Austria or Hungary in pursuance of the economic clauses of the Treaties of Peace with Austria and Hungary for the accord by the Czechoslovak Republic of a special Customs regime to certain natural or manufactured products which both originate in and come from these countries. Either of the Contracting Parties shall likewise not invoke the advantages granted by the other Party to neighbouring foreign States to facilitate small frontier traffic within a zone corresponding to the frontier district of the territories of each of the Contracting Parties, but not exceeding 15 kilometres in breadth on each side of the frontier in general or in exceptional cases 25 kilometres.

Each of the Contracting Parties shall permit the importation or exportation of all merchandise which may be imported or exported and also the carriage of passengers from or to their respective territories upon the vessels of the other on terms which shall mot be less favourable than those accorded to national vessels or the vessels of the most favoured foreign country.

The subjects or citizens of either of the Contracting Parties shall not be subject in respect of their persons or property or in respect of their commerce or industry to any taxes whether general or local or to imposts or obligations of any kind whatever other or greater than those which are or may be imposed upon the subjects or citizens of the other Contracting Party.

Limited liability and other companies and associations carrying on any description of business and already or hereafter to be organised in accordance with the laws of either Contracting Party and registered in the territories of such Party are authorised in the territories of the other to exercise their rights and appear in the courts either as plaintiffs or defendants subject to the laws of such other party.

Such companies and associations of either Contracting Party admitted to carry on business in the territories of the other shall not be subjected to conditions less favourable than those applied to the similar companies or associations of any other foreign country.

Either Contracting Party in framing andadministering laws and regulations with regard to the taxation of such companies and associations of the other party admitted to carry on business shall be guided by the principle embodied in the first paragraph of this Article, and the two Contracting Parties further agree with a view to preventing so far as possible any unfavorable treatment of the business of companies or associations of either party in the territories of the other as compared with the treatment of National Companies or associations to conclude a separate special agreement as soon as possible. Article

The stipulations of the present Treaty with regard to the mutual accord of the treatment of the most favoured nation apply unconditionally to the treatment of commercial travellers and business representatives visiting their respective territories and to any samples carried by them. Each of the Contracting Parties undertakes to communicate to the other the form of certificate that may be required for such commercial travellers and representatives and to recognise as competent to issue such certificates the authorities nominated by the other Party.

It is understood that nothing in this Treaty shall be held to confer any right or impose any obligation upon either Contracting Party which may be in conflict with any general International Convention to which either of them is or hereafter may be a Party.

The stipulations of the present Treaty shall not be applicable to India or to any of His Britannic Majesty's self-governing Dominions, Colonies, Possessions, or Protectorates unless notice is given by His Britannic Majesty's Representative at Prague of the desire of His Britannic Majesty that the said stipatlations shall apply to any such territory.

Nevertheless, goods produced or manufactured in India or in any of His Britannic Majesty's self-governing Dominions, Colonies, Possessions or Protectorates shall enjoy in Czechoslovakia complete and unconditional most favoured nation treatment, subject to the reservation contained in Article IV, so long as goods produced or manufactured in Czechoslovakia are accorded in India or such self-govefning Dominion, Colony, Possession or Protectorate treatment as favourable as that accorded to goods produced or manufactured in any other foreign country.

The terms of the preceding Article relating to India and to His Britannic Majesty's selfgoverning Dominions, Colonies, Possessions and Protectorates shall apply also to any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty.

The present Treaty shall be ratified and the ratifications shall be exchanged at London as soon as possible. It shall come into force immediately upon ratification, and shall be binding during five years from the date of its coming into force. In case neither of the Contracting Parties shall have given notice to the other, twelve months before the expiration of the said period of five years of its intention to terminate the present Treaty, it shall remain in force until the expiration of one year from the date on which either of the Contracting Parties shall have denounced it.

As regards, however, India or any of His Britannic Majesty's self-governing Dominions, Colonies, Possessions or Protectorates, or any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, to which the stipulations of the present Treaty shall have been made applicable under Article IX and X, either of the Contracting Parties shall have the right to terminate it separately at any time on giving twelve months' notice s to that effect.

In witness whereof the respective Plenipotentiairies have signed the present Treaty and have affixed thereto their seals.

Done in duplicate at London, the 14th day of July 1923.

(L. S.) Dr. EDUARD BENEŠ m. p.

(L. S.) CURZON of KEDLESTON m. p.

(Překlad.)

PRESIDENT ČESKOSLOVENSKÉ REPUBLIKY A JEHO VELIČENSTVO KRÁL SPOJENÉHO KRÁLOVSTVÍ VELKÉ BRITANIE A IRSKA A BRITSKÝCH ZÁMOŘ- SKÝCH DRŽAV, CÍSAŘ INDICKÝ, přejíce si dalšího usnadnění a rozšíření dosavadních obchodních styků mezi svými státy, rozhodli se k tomu cíli uzavříti obchodní smlouvu a jmenovali svými plnomocníky:

President Československé republiky:

Dra Eduarda Beneše,

ministra zahraničních věcí Československé republiky;

Jeho Veličenstvo král Spojeného království Velké Britanie a Irska a britských zámořských držav, císař indický:

Velectihodného markýze Curzona of Kedleston, K. G.,

Jeho Veličenstva hlavního státního tajemníka pro zahraniční věci,

kteříž, vyměnivše si navzájem příslušné plné moci, jež shledány v dobré a náležité formě, shodli se na těchto článcích:

Poddaní nebo příslušníci každé ze smluvních stran a zboží vypěstované, vytěžené nebo vyrobené na územích obou smluvních stran, a lodi každé z obou smluvních stran budou požívati bezpodmínečně na územích druhé zacházení v každém ohledu alespoň tak příznivého, jako je přiznáno poddaným nebo příslušníkům nebo plodinám půdy a výrobkům průmyslovým a lodím země, požívající nejvyšších výhod. Toto zacházení bude přiznáno ve všech věcech obchodních a plavebních jak v oboru vývozu, dovozu a průvozu, tak i vůbec ve všem, co se týká sazeb a formalit celních a obchodních úkonů; usazování poddaných nebo příslušníků každé ze smluvních stran na územích druhé, provozování obchodu, živnosti a povolání, placení daní a zacházení s obchodními cestujícími a jich vzorky.