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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE POLISH PEOPLE'S REPUBLIC REGARDING SHIPPING COOPERATION [1960] INTSer 14

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE POLISH PEOPLE'S REPUBLIC REGARDING SHIPPING COOPERATION

New Delhi, 27 June 1960

The Government of the Republic of India and the Government of the Polish People's Republic;

Considering the constantly growing trade relations between the two countries,

Desiring to strengthen and develop friendly co-operation in maritime transport,

Have agreed as follows

Article I

The contracting Parties undertake to co-operate closely in the maritime transport of goods by ships of both countries, whether owned or chartered, and to give every support to the shipping organisations of both countries within the limits laid down by the internal laws, rules and regulations as well as international agreements, conventions or arrangements, to which both the Governments are Parties.

Article II

The contracting Parties will allow within their respective territories the establishment and functioning of Branch Offices of the Shipping Organisations of the other Party. Such Branch Offices will, in conformity with the laws and regulations of each contracting Party, enjoy the same rights and privileges which are granted to similar organisations of the most favoured country.

Article III

(i) Ships, crews and cargoes of either contracting Party will, in the ports and territorial waters of the other Party, be accorded the same treatment as is or will be granted to the ships, crews and cargoes of the most favoured country.

(ii) In furtherance of the objective mentioned in clause (i) of this Article, vessels of either Party shall have liberty, on equal terms with vessels of the other Party and on equal terms with vessels of any third country, to enter the ports, places. and waters of the other Party open to foreign commerce and navigation. Such vessels and cargoes shall, in all respects, be accorded most-favoured nation treatment within the ports, places and waters of the other Party; but each Party may reserve exclusive rights and privileges to its own vessels with respect to the coasting trade, inland navigation and national fisheries.

Article IV

(i) The contracting Parties will, on the basis of reciprocity, recognise the nationality of their ships on tbe'evidence'of documents and certificates issued in accordance with the laws in force in the territories of the contracting Parties by their competent authorities.

(ii) The contracting Parties will, on the basis of reciprocity, recognise all documents pertaining to construction and equipment of ships, crew lists and certificates of registry issued by their competent authorities.

Article V

Ships of one contracting Party will, in the ports of the other contracting Party, be accorded the same treatment in regard to the provision of supplies and services including repair facilities as is or will be accorded to the ships of the most favoured nation.

Article VI

All payments arising out of this Agreement will be made in accordance with the provisions of the Trade and Payments agreements between the two contracting Parties that may be in force from time to time.

Article VII

(i) With a view to co-ordinating the activities connected with the operation of a shipping service between the ports of the two countries, each contracting Party will nominate a Shipping Organisation to conclude necessary arrangements by mutual consultation and agreement for the maintenance of the aforesaid shipping service.

(10 With a view to evaluate and review the working of this agreement, ensure proper implementation of its provisions and devise further methods to strengthen co-operation between the two contracting Parties, a Committee will be appointed consisting of the representatives of both the contracting Parties. This Committee will meet as and when either Party deems it to be necessary at time and place mutually agreed upon.

Article VIII

No income-tax shall be levied or collected by the Government of the Republic of India on the freight earnings of Polish ships of this Service at the Indian ports and likewise income-tax shall not be levied or collected by the Government of the Polish People's Republic on the freight earnings of Indian ships of this Service at the Polish ports. This provision will also cover ships time-chartered by either Party for the Service.

Article IX

The Agreement between the Government of the Republic of India an'd the Government of the Polish People's Republic regarding shipping co-operation signed on May 16, 1956 is superseded in its entirety by this Agreement.

Article X

This Agreement shall enter into force on the date of signature and will continue in force until either Party declare their intention to terminate it by giving six months' notice in writing to the other Party.

IN WITNESS WHEREOF the Representatives of the Parties duly authorised thereto by their respective Governments have signed the present Agreement.

DONE in duplicate in New Delhi on the 27th day of June, 1960.

Sd/- Sd/-

(NAGENDRA SINGH)
On behalf of the Government of the Republic of India.

(JOZEF MARKIEWICZ)

On behalf of the Government of the Polish People's Republic.


India Bilateral

Ministry of External Affairs, India


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