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Trade Agreement between the Government of Canada and the Government of the Socialist Federal Republic of Yugoslavia [1977] CATSer 11 (17 May 1977)

E100647 - CTS 1977 No. 18

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA

The Government of Canada and the Government of the Socialist Federal Republic of Yugoslavia,

Desiring to strengthen the friendly relations existing between the two countries by promoting and encouraging the development of mutual trade and facilitating economic cooperation between enterprises in the two countries,

Have agreed as follows:

ARTICLE I

1. The Government of Canada and the Government of the Socialist Federal Republic of Yugoslavia shall extend to each other unconditional most-favoured-nation treatment, con­sistent with the rights and obligations of the two Governments as Contracting Parties to the General Agreement on Tariffs and Trade, with respect to customs duties and charges of any kind imposed on or in connection with importation or exportation of products and with respect to the method of levying such duties and charges, with respect to all rules and formalities connected with importation or exportation, with respect to all internal taxes or other internal charges of any kind that may be imposed on goods already imported and cleared through customs, and with respect to products in transit through the territory of third countries.

2. Any advantage, favour, privilege or immunity which has been or may hereafter be granted by either Contracting Party in regard to the matters referred to in paragraph 1 of this Article to any product originating in or consigned to any third country shall be immediately and unconditionally accorded to the like product originating in or consigned to the territory of the other Contracting Party.

ARTICLE II

Article I of this Agreement shall not apply:

(a) to exclusive advantages extended by Canada to countries and their overseas territories entitled to the benefits of the British Preferential Tariff;

(b) to exclusive advantages extended by either Government to contiguous countries for the purpose of facilitating frontier traffic;

(c) to exclusive advantages extended by either Government by virtue of membership in a customs union or free trade area; and

(d) to any other exclusive advantages extended by either Government to any third country or territory consistent with the rights and obligations of that Government as a Contracting Party to the General Agreement on Tariffs and Trade.

ARTICLE III

1. No prohibitions or restriction, whether in the form of quotas, import or export licences, foreign exchange controls, regulations or any other measures, shall be instituted or maintained by either Contracting Party on the importation of any product from the territory of the other Contracting Party or on the exportation of any product consigned to the territory of the other Contracting Party.

2. Notwithstanding paragraph 1 of this Article either Contracting Party may restrict the quantity or value of merchandise permitted to be imported provided that such restrictions are applied in conformity with the obligations of that Contracting Party under the General Agreement on Tariffs and Trade.

3. The provisions of paragraph 1 of this Article shall not apply to import or exchange prohibitions or restrictions applicable to all countries in like circumstances for the purpose of safeguarding the external financial position and balance of payments.

4. The provisions of this Agreement shall not limit the right of either Contracting Party to apply prohibitions or restrictions of any kind which are directed to the protection of its essential security interests.

5. The provisions of this Agreement shall not limit the right of either Contracting Party to apply prohibitions or restrictions of any kind which are directed to the protection of human, animal or plant life or health subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade.

ARTICLE IV

Both Contracting Parties shall, to the extent permitted by the laws and regulations in force from time to time in their respective countries, exempt from the payment of import duty, articles for display at fairs and exhibitions as well as samples of goods for advertising purposes, imported temporarily from the territory of the other Contracting Party. Disposal of such articles and samples may be permitted in the territory of the importing Contracting Party in accordance with the laws and regulations of that Contracting Party.

ARTICLE V

The Contracting Parties shall encourage efforts on the part of enterprises in the two countries to promote and develop economic and technical co-operation between enterprises in the two countries.

ARTICLE VI

The Contracting Parties shall consult together at any time, at the request of either, on any matter affecting the operation of this Agreement.

ARTICLE VII

1. The merchant vessels of each Contracting Party and the cargoes of such vessels shall upon arrival at and departure from the seaports of the other Contracting Party and during the time spent in such seaports enjoy the treatment accorded to the most-favoured-nation.

2. The provisions of this Article shall not apply to coastal shipping, pilotage and towing to which the laws in force in the countries of both Contracting Parties are applied.

ARTICLE VIII

1. This Agreement shall come into force on the date of the exchange of instruments of ratification.

2. The Agreement shall remain in force for 3 years and after this date it shall be automatically extended from year to year unless either Contracting Party, not less than 6 months before the date of expiry, has given notice of its desire to terminate the Agreement.

3. The Contracting Parties may at any time agree to revise or amend this Agreement and amendments so agreed shall be recorded in notes exchanged between them.

IN WITNESS WHEREOF the representatives of the two Governments, duly authorized for the purpose, have signed the present Agreement.

DONE at Belgrade this 24th day of October, 1973, in two copies, in English, French and Croato-Serbian languages, each version being equally authentic.

Alastair Gillespie

FOR THE GOVERNMENT OF CANADA

E. Ludgiver

FOR THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF YUGOSLAVIA