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Trade Agreement between Canada and Afghanistan [1974] CATSer 18 (27 December 1974)

E100488 - CTS 1974 No. 37

TRADE AGREEMENT BETWEEN CANADA AND AFGHANISTAN

The Government of Canada and the Government of the Republic of Afghanistan desiring to further and strengthen trade relations between their two countries, have agreed as follows:

ARTICLE I

The Government of Canada and the Government of the Republic of Afghanistan shall extend to each other most-favoured-nation treatment, as defined in the General Agreement on Tariffs and Trade(1) , and shall in its application comply with the principles and regulations thereof, even if the said Agreement should fail to come into force definitively.

ARTICLE II

In compliance with the relevant articles of the General Agreement on Tariffs and Trade:

(a) the provisions of the preceding article shall not apply to the preferential tariffs or other concessions now granted by Canada exclusively to countries and their overseas dependencies that are entitled to British preferential tariff treatment;

(b) the provisions of the preceding article respecting most-favoured-nation treatment shall not apply to:

- concessions granted by one of the contracting parties to neighbouring countries with a view to facilitating border traffic;

- concessions resulting from present or future membership of one of the contracting parties in a customs union or a free trade area.

ARTICLE III

For the purpose of this agreement, products originating in and consigned from Canada shall be considered Canadian products, and products originating in and consigned from the Republic of Afghanistan shall be considered Afghan products.

ARTICLE IV

Each of the contracting parties undertake to promote and facilitate the expansion of trade relations between the two countries. To this effect, each of the contracting parties shall assist the other, in so far as possible, in the organization of trade missions, exhibitions and fairs, and shall promote a more intensive exchange of trade information between Canadian and Afghan enterprises and organizations.

ARTICLE V

With respect to trademarks, each of the contracting parties shall protect the trademarks of the other party to the extent that the national law of each party permits. Each party agrees to protect within its territorial limits the products of the other party against all forms of dishonest competition particularly with regard to the use of false indications relative to place of origin. The contracting parties undertake to assist one another in the prevention of any practice which might be prejudicial to their trade relations.

ARTICLE VI

All payments in respect of trade between the two countries shall be made in any convertible currency mutually agreed upon by the two contracting parties. These payments shall be made in accordance with the legislation in force in each of the two countries.

ARTICLE VII

The Government of each contracting party shall welcome representations or proposals made by the Government of the other contracting party concerning the implementation of the present agreement, or other problems affecting their trade relations.

ARTICLE VIII

The present Agreement shall come into force thirty days from the date of its signature and shall be valid for a period of two years. It shall be renewable by tacit agreement every two years as long as neither of the contracting parties gives written notice of its termination three months prior to its expiration.

Done at Kabul, This twenty-seventh day of November, 1974 in duplicate, in English, French, Dari and Pushto, all texts being equally authentic.

FOR CANADA

Keith William MacLellan
Ambassador of Canada to Afghanistan

FOR AFGHANISTAN

Mohammad Khan Jalallar
Minister of Commerce