Bilateral Agreements/MOUs in the area of Trade
signed between India and Brazil
Reprints from the Indian
trade Journal, dated 21st February, 1968
TRADE AGREEMENTS
INDO-BRAZILIAN TRADE AGREEMENT
A Trade Agreement between
the Government of India and the Government of the Republic of Brazil
was signed on the 3rd February 1968, at New Delhi. The Agreement will
come into force only from the date of exchange of the instruments of
ratification which is yet to be done and will be notified in the Journal
in due course. The text of the Agreement is reproduced below for general
information --
TRADE AGREEMENT BETWEEN
THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF BRAZIL
The Government of India
and the Government of the Republic of Brazil desirous of expanding and
strengthening trade relations between the two countries on the basis
of equality and mutual interest have decided to conclude a Trade Agreement
and for this purpose have appointed as their Plenipotentiaries.
Shri Dinesh Singh, Minister
for Commerce, Government of India.
Mr. Jose de Magalhaes
Pinto, Minister of External Relations, the Government of the Republic
of Brazil.
Who. having exchanged
their Full Powers found to be in good and due form, have agreed as follows
:-
Article I
The Contracting Parties
shall contribute by all means at their disposal to increase trade between
both countries. For that purpose. and in accordance with their respective
laws and regulations 'on foreign trade and exchange, the appropriate
authorities of both countries shall grant the necessary administrative
and exchange facilities to the commercial transactions regulated bv
the present Agreement, especially, when such is the- case, in regard
to the issuance of export and import licences and to the granting of
authorizations for trade operations between persons physical or Juridical
of Brazil and of India.
Article II
The Contracting Parties
shall grant each other, in all matters relating to trade, treatment
no less favourable than that granted or which may be granted to any
third country.
Article III
The treatment referred to in Article
11 will be applied in all matters relating to customs duties and taxes,
internal taxation and any other taxes on the transformation, circulation
and consumption of imported goods. It kill also be applied to any restrictions
and prohibitions, as well as to regulations and formalities relating
to imports and exports.
Article IV
The provisions of articles II and III
above shall not apply
(a) to the advantages
and facilities resulting from a customs union or a free trade
area which any of the Contracting Parties has Joined or may join;
(b) to the advantages and facilities
that Brazil has granted or may grant in the future to the States
that are Contracting Parties of the Montevideo Treaty, signed
on February 18, 1960, or those advantages and facilities that
result from the provisions of that Treaty
(c) to the advantages and facilities
accorded by India to certain countries until the date of this
agreement
(d) to the advantages
and facilities that one of the Contracting Parties grants or may
grant in the future to an adjoining country for the importation
in its territory of agricultural and industrial commodities as
well as for the exportation of agricultural and industrial products,
originating in the territory of the Parties, in favour of those
adjoining countries and
(e) to the advantages and facilities
that one of the Contracting Parties grants or may grant in the
future by virtue of multilateral economic agreement designed to
liberalize conditions of international commerce.
Article V
The execution of commercial
contracts made in accordance with the provisions of this Agreement shall
not involve the responsibility of either Government or of other persons,
physical or juridical, except when they are parties to such contracts.
Article VI
With due regard to Brazilian
Legislation, Indian citizens and juridical persons shall enjoy in respect
of the protection of their persons and properties the same treatment
as is accorded to the citizens and juridical persons of any other country,
for the exercise of their commercial activities in the territory of
the Republic of Brazil, either directly or through their appointed
Representatives
subject to the same conditions that such activities are allowed
by Brazilian laws and regulations.
Article VII
With due regard to Indian
legislation, Brazilian citizens and juridical persons shall enjoy in
respect or the protection of their persons and properties, the same
treatment as is accorded to citizens and juridical persons of any other
countries, for the exercise of their commercial activities in the territory
of India, either Directly or through their appointed representatives
subject to the same
conditions that such activities are allowed by Indian laws and regulations.
Article VIII
The citizens and juridical persons of
either Contracting Party, referred to in the preceding paragraphs, may
have recourse to the tribunals of the other Contracting Party in the
same manner as is allowed to citizens, firms and corporations of any
third country.
A rticle IX
All goods exported by one of the Contracting
Parties to the other, in accordance with the terms of this agreement,
shall be destined for internal consumption or transformation in the
territory of the importing country.
Article X
The goods imported by one of the Contracting
Parties from the other, under the terms of this Agreement cannot be
re-exported unless the other Party gives its express consent to each
and every individual transaction and after due regard to the international
commitments that any of the Contracting Parties has entered into.
Article XI
In the case of any authorized
re-exportation, the re-exporting Contracting Party shall include in
the sale contracts provisions forbidding any further re-exportation
of the goods concerned. If this condition is not observed in the third
country by the final buyer of the merchandise, the Contracting Party
which re-exported the goods shall be entirely responsible to the other
Contracting Party.
Article
XII
This agreement shall enter into force
on the date of exchange of the Instruments of Ratification, which shall
take place in the city of Rio de Janeiro.
Article XIII
This Agreement shall
remain in force for a period of three years. In case neither government
has given to the other Government at least (90) days´ notice of its
intention to terminate the Agreement before the expiry of the aforesaid
three-year period, it shall continue in force for successive periods
of one (1) year at a time. The Government of either Contracting Party
may give to the other at least ninety (90) days before the expiration
of one of the aforesaid periods, notice of intention to terminate the
Agreement.
IN WITNESS WHEREOF the Plenipotentiaries
above mentioned have signed this Agreement and affixed thereto their
respective seals.
Done at New Delhi this 3rd February of
the year 1968 in two originals in the English and Portuguese languages,
both texts being equally authentic.
On behalf of the
On behalf of the Govern-
Government of India.
ment of the Republic of
Brazil,
The Instruments of Ratification were
exchanged on 27th August, 1969 in Rio de Janeiro.
