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TRADE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE RUMANIAN PEOPLE'S REPUBLIC [1954] INTSer 4

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE RUMANIAN PEOPLE'S REPUBLIC

New Delhi, 23 March 1954

The Government of India and the Government of the Rumanian People's Republic animated by the desire to develop trade relations between the two countries, have agreed on the following

Article I

Both the Governments will, in every possible way, develop and strengthen the trade relations between the two countries on the principles of equality and mutual benefit. They will study and with utmost goodwill, take decisions on the suggestions, which either of them would like to present for consideration of the other with the purpose of achieving closer economic relations. Subject to ihe laws, rules and regulations of the two countries for the time being in force both Governments agree to give adequate facilities to import and export reasonable quantities of commodities mentioned in the attached schedules "A" and "B".

Article II

The import and export of the goods stipulated in Article I will be carried out, in accordance with the import, export and foreign exchange regulations in force from time to time in either country and on the basis of contracts to be concluded between the Indian parties on the one side and the Rumanian Foreign Trade Organisations on the other.

Article III

The schedules "A" and "B" referred to in Article I 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 IV

The two Governments will render all possible assistance for the export and import of the goods mentioned in Article I and those to be exported and imported under the transactions referred to in Article III.

Article V

All payments between India and Rumanian People's Republic described in Article VI may be made in Indian rupees or in pounds sterling, as may be mutually convenient. For this purpose the State Bank of the Rumanian People's Republic will maintain one or more accounts with one or more commercial banks in India authorised to deal in foreign exchange. In addition, the State Bank of the Rumanian People's Republic will, if that Bank considers this necessary, maintain another account with the Reserve Bank of India. All the commercial transactions to be financed in rupees will take place through the account (accounts) maintained with the commercial bank (banks). The account with the Reserve Bank of India will be used only for replenishing the balances with the commercial bank (banks) as and when necessary. Payments permitted under the Indian Exchange Control laws to be made by residents of India to residents of the Rumanian People's Republic will be effected by crediting the amount of such payments to the above mentioned account (accounts) of the State Bank of the Rumanian People's Republic with the commercial bank (banks). Payments to be made to residents in India by residents in the Rumanian People's Republic will be effected by debiting the said account (accounts) with the commercial bank (banks). The account (accounts) will be replenished, as necessary by one of the following methods namely:

(a) by transfer of funds from another account of the State Bank of the Rumanian People's Republic with another commercial bank or with the Reserve Bank of India; or

(b) by the sale of Sterling to the bank concerned.

Article VI

The provisions of the present Agreement cover the following payments :

(a) payments for the goods delivered under the present Agreement;

(b) payments connected with commercial transactions and covering insurance, freight (in case of shipment of goods by Indian or Rumanian ships), port charges, storage and forwarding expenses and bunkering; (c) payments for technical assistance; (d) payments of the expenses connected with the tours of commercial or cultural nature as well as those of official delegations; t ke) payments for the maintenance of the Trade Representation; M other non-commercial payments, on which agreement may be reached between the Reserve Bank of India and the State Bank of the Rumanian People's Republic;

(g) payments for distribution of films.

Article VII

Any balances in the rupees accounts maintained by the State Bank of the Rumanian People's Republic with the Reserve Bank of India or with a commercial bank (banks) authorised to deal in foreign exchange will be convertible on demand into Sterling at the usual bank's selling rate for Sterling as fixed from time to time by the Indian Exchange Banks'Association. The above mentioned balances will also be convertible into Sterling after the expiry of the present Agreement.

Article VIII

Mercantile ships of both countries while entering, staying in or leaving the ports of the other country will enjoy the most favoured facilities granted by the respective laws, rules and regulations to ships under the third countries flags. The principle shall not apply to the ships engaged in coastal navigation. Both the Governments will render all possible assistance for the shipping of the goods to be exported or imported under the present Agreement from one country to the other as far as possible by Indian and Rumanian ships.

Article IX

This Agreement will come into force from the date of its signature and shall remain in force up to 31st December, 1954. If neither party declares its intention to terminate the agreement three months prior to the date of expiry, the Agreement shall remain in force for another year. The schedules "A" and "B" will in such a case be revised for each calendar year by an exchange of letters.

Modifications to this Agreement, if necessary may be made by mutual agreement between the two Governments. DONE AND SIGNED in duplicate, in English, either copy being equally authentic, in New Delhi on the 23rd day of March, 1954.

(Sd.) H.V.R. IENGAR,

On behalf of the Government of India.

(Sd.) M. Ciomw,

On behalf of the Rumanian People's Republic.

SCHEDULE

"All GOODS FOR EXPORT FROM THE RUMANIAN PEOPLE'S REPUBLIC To INDIA

1. Foodgrains (Wheat and Rye). 2. Petroleum products. 3. Petroleum bitumen. 4. Ceresine wax. 5. Carbon black. 6. Paste for electrodes. 7. Abrasives and silicon carbides. 8. Chemicals. 9. Sodium products. 10. Dyestuffs. 11. Medicaments and pharmaceutical products. 12. Herbs and drugs, medicinal. 13. Timber.14. Wooden products. 15. Paper, newsprint and cardboards. 16. Stationery and office equipment. 17. Window glass, wire cast glass and glass building blocks. 18. Glassware. 19. Glasswool. 20. Cement. 21. Industrial plant for cement. 22. Boring and mining equipment. 23. Electrical plant and equipment. 24. Electrical instruments, apparatus and appliances. 25. Electric motors, less than I HP and above 50 HP. 26. Diesel engines over 25 HP. 27. Compressors and pneumatic plants. 28. Pumps. 29. Machine tools for metals. 30. Wood-working machinery. 31. Textile machinery.32. Railway equipment (locomotives, including diesel and electrical types, wagons, etc.) 33. Tractors and agricultural machinery. 34. Hand pneumatic and electrical tools. 36. Oxy-acetylene welding and cutting outfit. 36. Kerosene cooking staves. 37. Iron and steel chains. 38. Dried fruits. 39. Jams, marmalades and jellies. 40. -. Mustard. 41. Aniseed. 42. Wines, liquors and alcoholic drinks. 43. Musical instruments. .44. Feathers. 45. Textile (cotton, woollen, silk and art silk). 46. Rumanian films, exposed. 47. Sports goods 48. Handicraft and cottage industry products.

SCHEDULE "B"

GOODS FOR EXPORT FROM INDIA TO RUMANIAN PEOPLE'S REPUBLIC

1. Iron ore. 2. Tea. 3. Coffee, raw. 4. Spices, including pepper. 5. Vegetable oils (linseed oil, castor oil, etc.) 6. Essential oils. 7. Fresh fruits. 8. Shellac. 9. Mica. 10. Hides and skins. 11. Raw cotton. 12. Raw wool. 13. Wool waste. 14. Jute yarn and jute manufactures. 15. Cordage and ropes and vegetables fibre, including coir and coir products. 16. Chemicals. 17. Herbs, drugs and medicines. 18. Glycerine. 19. Fish oil. 20. Gum Tragacanth. 21. Myrobalan and its extracts. 22. Electric wires and cables. 23. Linoleum- 24. Fishing tackle. 25. Textiles (cotton, woollen, silk and art silk). 26. Indian films, exposed. 27. Sports goods. 28. Handicraft and cottage industry products.

LETTERS

New Delhi, the 23rd March, 1954

Dear Mr. IENGAR,

During the discussions that preceded today's conclusion of the Trade Agreement between India and the Rumanian People's Republic, it was agreed that the Government of the Rumanian People's Republic may establish in India its Trade Representation, to promote and look after trade relation between India and the Rumanian People's Republic.

2. It was agreed that the Trade Representative and his Deputy will enjoy the privileges of having an official bag and cypher and that they will be accorded the usual courtesies and consideration. It will be open to them to visit places in India on official business or otherwise. The office of the Trade Representation may be located either in New Delhi or in Bombay.

3. It was agreed that the commercial transactions entered into or guaranteed in India by the Trade Representative or his Deputy, shall be subject to the jurisdiction of the Courts of India and the laws thereof, unless otherwise provided by agreement between the contracting parties to the said transactions. Only the goods, debt demands and other assets of the Trade Representation directly relating to the commercial transactions concluded or guaranteed by the Trade Representation shall be liable in execution of decreer, and orders passed in respect of such transactions. It was understood that the Trade Representation will not be responsible for any transactions concluded by other Rumanian Organisations direct, without the Trade Representation's guarantee.

Yours sincerely,

(Sd.) M.CIOBANU.

H-V-R. IENGAR, Esquire, I.C.S.,

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

GOVERNMENT OF INDIA,

MINISTRY OF COMMERCE AND INDUSTRY

New Delhi, the 23rd March, 1954

Dear Mr. CIOBANU,

I write to acknowledge receipt of your letter today's date which reads as follows : (Not printed) I confirm that the position stated therein is correct.

Yours sincerely,

(Sd.) H.V.R. IENGAR.

MIHAI CIOBANU, Esq.,

Leader of the Rumanian Trade Delegation, New Delhi.

_______________________

RENEWAL OF SCHEDULES (1965) EXCHANGE OF LETTERS, NEW DELHL 19 MAY, 1955

THE TRADE REPRESENTATION OF THE RUMANIAN PEOPLE'S REPUBLIC IN INDIA

New Delhi, the 19th May, 1955

Dear Mr. LALL.,

I have the honour to refer to Article IX of the Trade Agreement between our two countries concluded on 23rd March, 1954 and to the recent discussions regarding the Schedules to be adopted for the year commencing from 1st January, 1955. It was agreed during these discussions that the Schedules "A7 and "B" attached to the Agreement shall remain in force without change for the calendar year 1955 as well. I should be grateful if you would please confirm the foregoing.

Yours sincerely,

(Sd.) P. SILARD.

K.B. LALL, Esq., Joint Secretary to the Government of India, Ministry of Commerce and Industry, New Delhi.

___________________

GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY New Delhi, the 19th May, 1955

Dear Mr. SILARD,

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 understanding reached between us.

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

P. SILARD, Esq.,

Deputy Trade Representative of the Rumanian People's Republic, Camp, New Delhi.

SCHEDULES EXTENDED 1956 EXCHANGE OF LETTERS, NEW DELHI, 28 MARCH, 1956.

THE TRADE REPRESENTATION OF THE RUMANIAN PEOPLE'S REPUBLIC IN INDIA New Delhi, the 28th March, 1956

Dear Mr. LALL,

I have the honour to refer to Article IX of the Trade Agreement between our two countries concluded on 23rd March 1954 and to the recent discussions regarding the Schedules to be adopted for the year commencing from 1st January, 1956. It was agreed during these discussions that the Schedules "A" and "B" attached to the Agreement shall remain in force without change for the calendar year 1956 as well.

I should be grateful if you would please confirm the foregoing.

Yours sincerely,

(Sd.) P. DONATH. Trade Representative of the Rumanian People's Republic in India.

K.B. LALL, Esq.,

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

___________________

MINISTRY OF COMMERCE AND INDUSTRY

New Delhi, the 28th Alarch, 1956

Dear Mr. DONATH,

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 understanding reached between us.

Yours sincerely,

(Sd.) K.B. LALL.

Mr. P. DONATH,

Trade Representative of the Rumanian People's Republic in India, 48, Golf Link, New Delhi.

___________________

FURTHER EXTENSION EXCHANGE OF LETTERS, NEw DELHI 17TH JANUARY, 1957

LEGATIA REPUBLIC II POPULARE ROMINE NEW DELHI

Office of the Commercial Counsellor.

New Delhi, 17th January, 1957

Dear Mr. LALL,

With reference to Article IX of the Trade Agreement between our two countries concluded on 23rd March 1954 and to the recent discussions regarding the Schedules to be adopted for the year commencing from 1st January, 1957, 1 have the honour to say, that it has been agreed during our discussions that the Schedules 'A' and W attached to the Agreement shall remain in force for the calendar year 1957 subject to items 39 and 40 being deleted from Schedule W. I should be grateful if you will please confirm the foregoing.

Yours sincerely,

(Sd.) D. NICULESCU.

Mr. K.B. LALL,

Joint Secretary to the Government of India,

Ministry of Commerce and Consumer Industries, New Delhi.

GOVERNMENT OF INDIA,

MINISTRY OF COMMERCE AND CONSUMER INDUSTRIES

New Delhi, 17th January, 1957

Dear Mr. NICULESCU,

I write to acknowledge receipt of your letter of today's date, which reads as follows : (Not pinted) I confirm that the above correctly sets out the understanding reached between us.

Yours sincerely,

(Sd.) K.B. LALL.

Mr. D. NICULESCU,

Trade Representative of the Rumanian People's Republic, 48, Golf Link, New Delhi.

___________________

EXTENSION OF SCHEDULES (1958) EXCHANGE OF LETTRES, NEw DELHi, 20 JANUARY, 1958

TRADE REPRESENTATION OF THE RUMANIAN PEOPLE'S REPUBLIC IN INDIA

New Delhi, the 20th January, 1958

DEAR MR. SANDILYA,

With reference to Article IX of the Trade Agreement between our two countries concluded on the 23rd March 1954 and to the recent discussions regarding the Schedules to be adopted from 1st January, 1958 1 have the honour to say that it has been agreed during our discussions that pending negotiations for the modification of the present Agreement-, the Schedules A and B attached to the Agreement, as modified by the letters exchanged on the 17th January, 1957, shall remain valid upto the 30th June, 1958. I should be grateful if you would please confirm the foregoing.

Yours sincerely,

Sd/- D. NICULESCU, Commercial Counsellor.

SHRI D. SANDILYA,

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

___________________

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY New Delhi, the 20th January, 1958

DEAR MR. NICULESCU,

I write to acknowledge the receipt of your letter of today's date which reads as follows : (Not printed)

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

Yours sincerely,

Sd/- D. SANDILYA, Joint Secretary.

D. NICULESCU, Esq.,

Commercial Counsellor,

Trade Representation of the Rumanian Peoples' Republic in India, New Delhi.



India Bilateral

Ministry of External Affairs, India


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