The Gazette 1972
porary importation of commercial samples. Chapter 7: Question No. 7, Article 19 of the Convention (a) Question What is the state of your law on the right to act as arbitrator? Article 19 Nationals of any Contracting Party in the territory of any other Party shall be permitted, without any restrictions other than those applicable to nationals of the latter Party, to act as arbitrators in arbitral pro- ceedings in which the choice of arbitrators is left entirely to the parties concerned. (b) Replies IRELAND There are no restrictions in respect of aliens on the right to act as arbitrator. Chapter 8: Question No. 8, Section V (b) of the Protocol (a) Question To what extent are the husband or wife and depen- dent children of nationals of any Contracting Party lawfully residing in your country's territory, who have been authorised to accompany or rejoin such nationals, allowed to take up employment in that territory in sccordance with the conditions laid down in Section V (b) of the Protocol? Please state what measures, if any, have been taken (by way of legislation, regulations or administrative action) by your government to this end. Section V (b) of the Protocol The husband or wife and dependent children of nationals of any Contracting Party lawfully residing in the territory of another Party who have been auth- orised to accomjnny or rejoin them shall as far as possible he allowed to take up employment in that territory in accordance with the conditions laid down in this Convention. (b) Replies IRELAND The granting to spouses and dependent children of work permits or authorisation to set up in business or industry is not subject to any restriction other than that allowed by Article 10 of the Convention ( " . .. unless the said Contracting Party has cogent economic or social reasons for withholding the authorisation"). (See also the reply to Question No. 4.) and not less than two-thirds of the directors are citizens of Ireland, or by such citizen and company in com- bination. However, if an alien who resides in the State or a company which has a place of business in the State is an owner of an aircraft, such alien or company may be registered in the State subject to conditions which the Minister for Transport and Power may impose. Item —Shipping; Relevant legislation —Mercantile Marine Act, 1955 (Sections 16, 19 and 47). Nature of restriction and exceptions —Foreign persons or companies other than those of a State declared by Government Order to be a reciprocating State are not qualified to register a ship in Ireland or to own a share in an Irish registered ship. Under Section 47 of the 195
from lending assistance to a Norwegian doctor in a particular case, provided the responsibility and decision- making remains with die doctor having requested the assistance.
UNITED KINODOM (a) LEOAL PROFESSION
There is generally no objection to a foreign lawyer going to the United Kingdom for a short visit to consult and advise a colleague on a particular case. In such circumstances he is given the same treatment as a busi- ness visitor (i.e. admitted for a period of three months, and free to transact business during his visit). Where, however, his participation amounts to the actual prac- tice of his profession, rather than mere consultation or advice, permission is dependent on the advice received from the body controlling the profession in the United Kingdom. (b) MEDICAL PROFESSION Same rules as for the legal profession. Chapter 6: Question No. 6, Article 16 of the Convention (a) Question What provisions have been made by your government to give effect to Article 16? Article 16 Commercial travellers who are nationals of a Con- tracting Party and are employed by an undertaking whose principal place of business is situated in the territory of a Contracting Party shall not need any authorisation in order to exercise their occupation in the territory of any other Party, provided that they do not reside therein for more than two months during any half-year. (b) Replies IRELAND A commercial traveller who is a national of a Con- tracting Party may, without obtaining an employment permit or permission, carry on business in Ireland on behalf of an undertaking having its principal place of business in the territory of a Contracting Party. With regard to importation of samples by a commer- cial traveller, the provisions of the Geneva Convention (1952) to Facilitate the Importation of Commercial Samples and Advertising Material are applied. As per- mitted by that Convention, certain import prohibitions or restrictions necessary to protect human, animal or plant life or health arc imposed. As Ireland has acceded to the Customs Co-operation Council conventions on the use of ECS and ATA car- nets, these carnets may be availed of to cover the tem- APPENDIX 4 List of restrictions in respect of certain articles of the European Convention on Establishment by Ireland. Lists of restrictions in respect of Article 6 Property, the acquisition, possession or use of which is subject to restrictions Item —Aircraft; Relevant legislation —Air Naviga- tion (Nationality and Registration of Aircraft) Order, 1963 (Article 7). Nature of restriction and exceptions —An aircraft' shall not he registered or continue to be registered in the State unless it is wholly owned by: (a) a citizen of Ireland, or (b) a company registered and having its place of business in the State, whereof the chairman
Made with FlippingBook