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TMI BlogAgreement between the Government of the German Democratic Republic and the Government of the Republic of IndiaX X X X Extracts X X X X X X X X Extracts X X X X ..... THE GERMAN DEMOCRATIC REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF INDIA ON CO-OPERATION IN THE FIELD OF MERCHANT SHIPPING The Government of the German Democratic Republic and the Government of the Republic of India (hereinafter called the Contracting Parties); Being desirous of, Strengthening the friendly relations between the German Democratic Republic and the Republic of India according to the principles of international law, especially the principle of sovereign equality of States and the principle of non-interference in internal affairs; and developing and extending co-operation in the field of merchant shipping: Have agreed as follows: ARTICLE 1 The Contracting Parties agreed to develop the relations between the German Democratic Republic and the Republic of India in the field of merchant shipping on the basis of equal rights and mutual benefit. ARTICLE 2 For the purposes of this Agreement: (a) The term " vessel " shall mean any merchant vessel plying under the national flag of a Contracting Party and registered in the territory of the German Democratic Republic and in the territory of the Republic of India respectively or time chartered by the nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age in accordance with the provisions of this Article, such carriage will be offered to vessels of the other Contracting Party. If that Contracting Party cannot make available the required suitable tonnage on acceptable conditions, the first mentioned Contracting Party is entitled to use vessels under the flag of third countries for the carriage of its share of cargo. ARTICLE 5 (1) The vessels of one Contracting Party and their crew and cargo shall be subject to the same conditions as ships, crew and cargo of the most-favoured nation when entering into, sailing from or staying in the ports of the other Contracting Party. (2) The vessels, crew, passengers and cargo of one Contracting Party, whilst within the territory of the State of the other Contracting Party, shall be subject to laws, rules and regulations of the latter mentioned Contracting Party. (3) All port dues and charges for services rendered to the vessels operating under the provisions of this Agreement shall be regulated in accordance with the national laws and regulations applicable at the respective ports from time to time. (4) The provisions of this Article shall not apply to activities legally reserved by each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompanied by an official order issued, under seal and signature, by the competent officer of the shipping organisations or by the master of the vessel under his signature. (4) Holders of the seamen's identity documents shall be permitted to enter, move through by any means of transport in the territory of the other Contracting Party in order to be able to join a vessel of their country in a port of the other Contracting Party with the approval of the appropriate authorities of that Contracting Party. In all such cases, the seamen shall be required to have proper visa of the other Contracting Party which shall be granted by the concerned authorities within the shortest possible time. (5) For the purpose of regulation of shipping affairs, the master of the vessel staying in the port of the other Contracting Party or a person authorised by him shall be permitted to contact or visit the consular official of the representative of the shipping company. ARTICLE 9 No income tax and/or turnover tax shall be levied or collected by the Government of the German Democratic Republic on the freight earnings and/or profits on national cargo carried by the Indian vessels including those unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iewing the overall working of this Agreement and resolving any outstanding issues, the Contracting Parties agree to set up an Inter-Governmental Joint Committee on Shipping which will meet as often as necessary, in the German Democratic Republic and in the Republic of India, alternatively. The Ministry of Transport of the German Democratic Republic and the Ministry of shipping and Transport of the Republic of India will nominate their representatives to the Joint Committee. (2) VEB Deufracht/Seereederei, Rostock and the Shipping Corporation of India Ltd., Bombay will be the competent organisations authorised to deal with day-to-day shipping operational issues between the two States, such as distribution of cargoes, fixation of sailings, tariff matters and similar other issues arising out of their operations. Each Contracting Party may nominate any other organisation in addition to the above by notifying to the other Contracting Party. ARTICLE 14 The Contracting Parties agree that their competent authorities will consult each other in all matters relating to international Conferences and Agreements in the field of maritime traffic in which both Contracting Parties are interested. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icle 12 read with clause 3 of Article 3 of this Agreement provides that all payments and expenses, under the said Agreement, arising from the operation of vessels between the two countries shall be made according to the provisions of Trade and Payments Agreement between the two countries that may be in force for the time being. This is to clarify that this clause would be applicable only in respect of payment of freight earnings and expenses arising from the carriage of cargo between the two countries. I shall be grateful if you kindly confirm that the above correctly sets out the understandings reached between the Government of India and the Government of the German Democratic Republic. Assuring you of my highest consideration. Yours sincerely, Sd/- CHAND RAM, Minister of Shipping Transport, Government of India. His Excellency Mr. Oskar Fischer, Minister of External Affairs, of the German Democratic Republic, New Delhi. ANNEXURE II New Delhi, 9th January, 1979 Excellency, I acknowledge the receipt of your letter of 9th January, 1979, which reads as follows: "I have the honour to invite your attention to Article 12 of the Agreement between the Government of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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