Act No. 1 / 2023 Coll.
Law on restrictive measures against certain serious acts applicable in international relations (Penalties Act)
Valid
Effective from 03.01.2023
1
THE LAW
of 1 December 2022
concerning restrictive measures against certain serious acts applicable in international relations (Penalties Act)
Parliament has decided on this law of the Czech Republic:
Subject matter
This law provides for the preservation and restoration of international peace and security, the fight against terrorism, respect for international law, the protection of human rights and freedoms and the promotion of democracy and the rule of law,
(a) the procedure for the submission of proposals for the inclusion of the bodies to which restrictive measures should be applied on the list of penalties under the relevant European Union Regulation (1);
(b) the procedure for entering bodies on the national penalty list;
(c) the rules governing the adoption of national restrictive measures against certain entities for conduct punishable by the relevant European Union Regulation (1).
Definition of basic terms
For the purposes of this Act:
(a) any body against which restrictive measures may be applied under the relevant European Union Regulation (1);
(b) identification details
1. name, surname, date of birth and nationality, if any,
2. the name and address of the legal person; or
3. designation or name in other cases;
where appropriate, other data necessary to identify the entity unambiguously;
(c) actionable conduct of conduct, omission or other facts punishable by the relevant European Union Regulation (1);
(d) a European Union list of the entities to which restrictive measures are applied under the relevant European Union Regulation (1);
(e) a list of the bodies to which restrictive measures are applied under this law by a national penalty list;
(f) restrictive measures
1. restrictions, orders or prohibitions under the relevant European Union Regulation (1);
2. restrictions, orders or prohibitions under the law governing the implementation of international sanctions (2).
Scope of the Ministry of Foreign Affairs
Ministry of Foreign Affairs ("Ministry ')
(a) collect, verify and evaluate supporting documents for the inclusion of entities in the European Union list of penalties or for the entry of entities in the national list of penalties;
(b) submit to the Government a proposal to include the entity in the European Union's list of penalties, where appropriate on the exclusion or amendment of classification, or on the entry on the national penalty list, and on the removal, revocation or amendment of the registration on the national penalty list;
(c) submit to the competent authority of the European Union a proposal from the Czech Republic to include the entity in the European Union's list of sanctions, to exclude or modify the inclusion;
(d) keeps a national penalty list;
(e) negotiate offences under this law.
Procedure before a proposal is discussed by the Government
(1) If the Ministry receives information that an entity which has not yet been included or proposed to be included in the European Union's list of sanctions has committed or committed an actionable act and, if it is in the foreign policy or security interest of the Czech Republic, submit a proposal to the Government to include such entity in the European Union's list of sanctions.
(2) Where the Ministry receives information justifying the exclusion or modification of the entity's inclusion in the European Union's list of sanctions, it shall submit to the Government a proposal for the exclusion or modification of the entity's inclusion in the European Union's list of penalties.
(3) If there is a risk of undermining the purpose for which the entity is to be included in the European Union's list of penalties, the Ministry, together with the proposal referred to in paragraph 1, shall submit to the Government a proposal for the inclusion of the entity in the national list of penalties before submitting a proposal for its inclusion in the European Union's list of penalties.
(4) Where an entity has been proposed by another Member State of the European Union or, where appropriate, the High Representative of the Union for Foreign Affairs and Security Policy, to be included in the European Union Sanctions List and has not, on the basis of this proposal, been included in the European Union Sanctions List within 1 month of the date of submission of the proposal, the Ministry may propose to the Government, having regard to the foreign policy or security interest of the Czech Republic, the registration of the entity on the national Sanctions List. The period referred to in the first sentence shall not apply where there is a risk of destruction of the purpose for which the body is to be included in the European Union's list of penalties.
(5) If, in view of the foreign policy or security interest of the Czech Republic, it appears appropriate to apply further restrictive measures against the entity included in the European Union Sanctions List which are not applied to that entity under the relevant European Union Regulation (1), the Ministry shall submit to the Government a proposal for the registration of the entity on the national penalty list. In such a case, the proposed scope of the restrictive measures contains only restrictive measures which are not applied to it under the relevant European Union Regulation (1).
(6) The draft Ministry submitted to the Government shall include the body's identification details, a description of the actionable conduct committed or committed by the body, a reference to the provision of the relevant European Union Regulation (1), the substance of which the body has fulfilled the act and the proposed scope of the restrictive measures. The draft Ministry submitted to the Government pursuant to paragraph 2 shall contain only the entity's identification data and a description of the facts justifying the exclusion or change of the entity's inclusion in the European Union's sanctions list and, in the case of a proposal to amend the classification, the scope of such change.
(7) Before making a proposal under paragraphs 1 to 5, the Ministry of the Interior, the Ministry of Justice, the Ministry of Industry and Trade, the Ministry of Defence, the Financial Analytical Office, the Czech Police and the intelligence services of the Czech Republic shall discuss it. The Ministry will discuss the proposal with other central administrations, the Czech National Bank or the Directorate-General of Customs, if the implementation of the proposed restrictive measures concerns their competence. If the Ministry considers it necessary, it shall also discuss the proposal with other executive authorities.
(8) The Ministry does not submit to the Government a proposal to include the entity on the European Union's list of sanctions, to exclude it or to amend it if, on behalf of the Czech Republic, in view of its foreign policy interest as the appellant, it joins such a proposal submitted by another Member State of the European Union. The contribution to another Member State's proposal shall be discussed in advance by the Ministry with the authorities referred to in paragraph 7.
Discussing the proposal by the Government
(1) The Government shall decide, on the basis of a proposal submitted pursuant to Article 4, whether the entity will be proposed to be included in or excluded from the European Union's list of penalties or whether a change to its classification will be proposed or, where appropriate, to include the entity in the national penalty list.
(2) In the case of a decision to propose a body to be included in the European Union list of penalties, the Government shall decide at the same time on the inclusion of that body on the national list of penalties, unless the entity is included in the European Union list within 1 month of the submission of the application for inclusion.
(3) The decision to enter a body on the national penalty list always includes the scope of the restrictive measures against that body.
(4) When assessing the proposal, the government shall take into account the possible impact of the decision on the foreign policy or security interest of the Czech Republic, the fulfilment of obligations arising from membership of the European Union, economic security and, where appropriate, other matters relevant to the protection of the security of the Czech Republic or internal or public order.
Procedure after discussion of the proposal by the Government
The Ministry shall submit a proposal for the inclusion, exclusion or amendment of the entity to the European Union Sanctions List without undue delay after the adoption of the Government Resolution pursuant to Article 5.
(1) If the entity is not included in the European Union Sanctions List within 1 month of the submission of the application pursuant to Article 6 and if the Government so decides pursuant to Article 5 (2), the Ministry shall enter it on the national penalty list; The Ministry shall not register the body on the national penalty list if, in view of the state of the proposal, the European Union institutions are likely to adopt the proposal within a short period of time or if, after the adoption of the Government Resolution pursuant to Article 5, the facts relating to the fulfilment of the obligations arising from the membership of the Czech Republic in the European Union for which registration of the entity on the national penalty list would not be possible.
(2) If the Government so provides by means of a resolution on the basis of a proposal pursuant to Paragraph 4 (3), the Ministry shall enter the body on the national penalty list before submitting the application for its inclusion on the European Union penalty list. In that case, the Ministry shall submit the proposal without delay after the entity has been entered on the national penalty list. The Ministry shall also enter the body on the national penalty list if the Government so provides by means of a motion pursuant to Paragraph 4 (4) or (5).
(3) The entry on the national penalty list shall be cancelled by the Ministry with effect from
(a) the inclusion of the entity in the European Union list of penalties; where the registration includes a restrictive measure which is not applied to the entity as a result of its inclusion in the European Union Penalties List, the Ministry shall adapt the registration to include only such restrictive measures; or
(b) the death of an entity which is a natural person or its declaration by a court of death or the death of an entity if it has died without a legal successor.
(4) The effects of listing shall be deemed to apply to the legal successor of the entity entered on the national penalty list, unless the Government decides otherwise. The Ministry shall enter the legal successor in accordance with the first sentence on the national penalty list without undue delay after having become aware of the disappearance of the entity on the list.
(5) If there is no reason under paragraph 3, the Ministry shall submit to the Government a proposal for:
(a) the removal of the entry on the national penalty list or parts thereof if it is found to have been carried out in breach of the law;
(b) the revocation of registration on the national penalty list if it is established that there has been a change in circumstances for which the conduct has ceased to be punishable under the relevant European Union Regulation (1) or where the application of restrictive measures is no longer justified; or
(c) an adjustment to the scope of the restrictive measures or any other amendment to the registration if it is found that there has been a change in circumstances which justify a change in the application of the restrictive measures.
(6) Before making a proposal pursuant to paragraph 5, the Ministry shall consult the Government with the authorities referred to in Article 4 (7).
(7) The Government shall decide on the proposal referred to in paragraph 5 within 30 days of the date of its submission.
(8) The government decision referred to in paragraph 5 shall be taken by the Ministry without undue delay.
(1) The registration of the entity on the national penalty list referred to in Article 7 shall include:
(a) the identity of the body;
(b) a description of the conduct which is punishable by the relevant European Union1) committed or committed by the body;
(c) a reference to the provision of the relevant European Union Regulation (1), the substance of which has been fulfilled by the body by acts referred to in (b);
(d) the restrictive measures to be applied in respect of the entity as a result of entry on the national penalty list; and
(e) the date of publication of the registration.
(2) Where registration is amended or cancelled, the amended or deleted data shall be retained in the national penalty list together with the current data, in a form showing that the entry has been amended or deleted and that such amendment or cancellation has occurred. The data shall remain in the national penalty list for a period of 10 years from the date on which their amendment or cancellation took place. In the event of the adoption of a government resolution on the removal of registration, the data from the national penalty list shall be removed and the entry shall be viewed as if it had not been carried out.
(3) The restrictive measures shall apply to the body at the earliest from the time the entity is entered on the national penalty list and during its effects.
Objection
(1) The body may raise a reasoned objection in writing against its entry on the national penalty list in which it may request
(a) the removal of the minutes or parts thereof, if they consider that they have been carried out in breach of the law;
(b) the revocation of the registration if it considers that there has been a change in circumstances justifying the termination of the restrictive measures; or
(c) an amendment to the registration if it considers that there has been a change in circumstances which justify a change in the application of the restrictive measures.
(2) The objection is made to the Ministry. The Ministry shall submit an objection with its opinion to the Government within 30 days of its submission. Paragraph 7 (6) to (8) shall apply mutatis mutandis.
(3) A further objection shall be entitled to be lodged by the body only where there are reasons which it has not yet raised in the objections and which may justify another outcome of the Government's decision on the objection.
Silence
Persons who, in connection with the proceedings or the provision of synergies under this Act, have been informed of facts which, in order to protect the security of the Czech Republic or internal or public order, or in the legitimate interest of other persons and other States, require that they remain secret, are obliged to maintain confidentiality of those facts. The obligation of confidentiality shall not cease to apply to the termination of the professional, employment or other relationship in which it was established.
Judicial review
(1) Paragraph 45 (4) of the Administrative Rules does not apply to proceedings in cases under this law. Only persons who are already aware of this information may participate in the discussion of classified information which was the basis for the submission of a proposal for a government decision under this Act shall be excluded by the other President of the Chamber for the relevant part of the hearing.
(2) The action referred to in paragraph 1 cannot be given suspensory effect.
(1) Evidence in proceedings for an action under this law shall be carried out in such a way as to investigate the obligation of confidentiality of classified information. In such circumstances, evidence may only be furnished by an interview if the person who has an obligation of secrecy has been discharged by the competent authority. No confidentiality may be waived where there could be a threat or serious disruption to the activities of the intelligence services, the Financial Analysis Office or the Police of the Czech Republic. Similarly, where the proof is made otherwise than by examination, it shall also be carried out.
(2) The authority which provided the information and the authority which is the originator thereof shall indicate the circumstances referred to in paragraph 1 which they claim cannot be waived in respect of them. The parts of the file to which these circumstances relate shall be separated. The body, its representative and the persons involved in the proceedings may not be consulted in the separate parts of the file.
Implementation of restrictive measures
The implementation of the restrictive measures included in the national penalty list shall be governed by the law governing the implementation of international sanctions (2).
Synergies
(1) The public authorities provide the Ministry with the necessary synergies in the exercise of its powers under this Act at its request and within the time limits laid down by it. The time limit shall not be less than 3 working days, unless it is a synergy to be provided without delay.
(2) Each person shall be obliged to provide the Ministry, at its call made in the exercise of his or her duties under Article 3 (a) and within the time limits specified by him, to the extent necessary to fulfil the purpose of this Act. The time limit shall not be less than 5 working days. The person providing the cooperation shall be entitled to reimbursement of the costs incurred effectively. The entitlement must be exercised within 1 month of the granting of the cooperation, otherwise the entitlement shall cease.
(3) In providing synergies under this Act, disclosure is not a breach of confidentiality
(a) by a criminal authority, unless disclosure of information covered by confidentiality would jeopardise or impede the conduct of the proceedings;
(b) the intelligence service of the Czech Republic, unless the provision of information covered by confidentiality would jeopardise the important interest pursued by the competent intelligence service;
(c) by the Financial Analysis Office;
(d) by the tax administrator in accordance with the tax rules;
(e) the authority of the Customs Administration of the Czech Republic,
(f) The Czech National Bank.
Transfers
(1) A natural person commits an offence by violating the obligation to remain silent under Section 10.
(2) The transfer shall be committed by a person who, contrary to Paragraph 14 (2), does not provide the Ministry with the request made in the exercise of his or her duties under Section 3 (a) with the extent necessary to fulfil the purpose of this Act.
(3) A fine of up to CZK 200,000 may be imposed for an offence referred to in paragraph 1 or 2.
(4) The transfers under this law are discussed by the Ministry.
Common provisions
(1) The Ministry shall keep a national penalty list and publish it on its website.
(2) Information processed or related to the activities of the State authorities under this Act, if not for information included in the national penalty list, is not provided.
(3) The Ministry shall keep the supporting documents for the application for a government decision under this Act for a period of 10 years from the revocation or removal of the minutes to which the Government decision relates.
(4) The rectification of obvious errors in the minutes shall be carried out by the Ministry without undue delay, including by official authority.
Efficacy
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
1. Acts adopted pursuant to Title V of Chapter 2 of the Treaty on European Union and Part Five of Title IV of the Treaty on the Functioning of the European Union, such as Council Decision 2014 / 512 / CFSP of 31 July 2014 concerning restrictive measures in respect of Russia's actions destabilising the situation in Ukraine, as amended by Council Decision (EU) 2019 / 2014 of 17 May 2019 concerning non-constitutional measures in respect of Russia's actions destabilising the situation in Ukraine, as amended by Council Regulation (EU) 2018 / 931 / CFSP, as amended by Council Regulation (EC) No 2580 / 2001 of 27 December 2001 on specific restrictive measures against certain persons and entities with a view to combat terrorism, as amended by Council Decision (CFSP) 2018 / 1544 of 15 October 2018 on restrictive measures against the proliferation and use of chemical weapons.
2) Act No. 69 / 2006 Coll., on the implementation of international sanctions, as amended.
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Regulation Information
| Citation | Act No. 1 / 2023 Coll., concerning restrictive measures against certain serious acts applicable in international relations (Penalties Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.01.2023 |
|---|---|
| Effective from | 03.01.2023 |
| Effective until | - |
| Status | Valid |
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