Decree No. 140 / 1980 Coll.
Ordinance of the Federal Ministry of Foreign Trade on preventive control of exported and imported goods and on a certificate on the use and use of imported goods
Valid
Effective from 01.11.1980
140
DECLARATION
Federal Ministry of Foreign Trade
of 6 October 1980
on the preventive control of exported and imported goods and the certificate on the use and use of imported goods
The Federal Ministry of Foreign Trade provides, pursuant to Articles 10 (2) and 57 (4) of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs:
Preventive control of exported goods
(1) In order to prevent damage to the Czechoslovak national economy, the Federal Ministry of Foreign Trade may decide that a particular type of goods or goods to be exported may be transferred to a public carrier for dispatch abroad or transmitted to a foreign customer only after an impartial check of its status to the extent specified.
(2) The decision on the control of goods referred to in paragraph 1 and the scope and manner thereof shall be transmitted by the Federal Ministry of Foreign Trade to the inspection organisation, the competent Czechoslovak legal person supplying goods for export ("supplier of goods for export"), its superior central authority, the competent customs authority and the competent foreign trade undertaking or any other Czechoslovak legal person authorised to export goods subject to control.
(3) Upon delivery of the control decision, the supplier of goods for export or the Czechoslovak legal person holding a foreign trade permit including the export of goods subject to control which he manufactures shall be obliged to notify the inspection organisation without undue delay, where and where the goods are ready to be inspected, and at the latest 7 days before the goods are sent abroad or transferred to a foreign customer, of the inspection of the goods. The inspection organisation shall be entitled to require, for the purpose of carrying out the inspection, documents of technical control which it is obliged to carry out by the production undertaking.
(4) A Czechoslovak legal person obliged to deliver goods subject to control to a foreign customer is required to communicate without undue delay to the monitoring organisation which economic contract or delivery order and which contract with a foreign customer concerns the supply of goods to be controlled. At the same time, it shall forward to the control organisation the supporting documents relating to the contractual determination of the status of the controlled goods in relation to foreign customers, where such supporting documents are necessary for the assessment of the quality and, where appropriate, the quantity to the extent subject to the control.
(5) The inspection organisation shall draw up a report on the outcome of the inspection carried out in accordance with paragraph 1, which shall transmit to the competent customs authority, to the supplier of the goods for export, to its superior central authority and to the Czechoslovak legal person required to deliver to the foreign customer controlled goods.
(1) The Federal Ministry of Foreign Trade, after consulting the competent central authority, may decide that for certain types of goods to be exported, the supplier of goods for export and the Czechoslovak legal person authorised to carry out foreign trade activities involving the export of such goods manufactured by them are required to provide a control certificate (1). The Federal Ministry of Foreign Trade shall specify in the Decision the scope and, where appropriate, the method of control on which the inspection certificate is to be issued.
(2) The decision referred to in paragraph 1 shall be forwarded by the Federal Ministry of Foreign Trade to the competent authority of the customs administration, control organisation, supplier of goods for export, its superior central authority and the Czechoslovak legal person authorised for foreign trade involving exports of goods subject to control under paragraph 1.
(3) The inspection organisation shall conclude a contract for the control activities for the purpose of issuing the control certificate referred to in paragraph 1 if the supplier of goods for export or the Czechoslovak legal person authorised for foreign trade, including the export of goods subject to control referred to in paragraph 1, so requests in due time; on the basis of a contract concluded for control activities, those legal persons shall communicate to the inspection organisation when and where the goods are ready to carry out the check, no later than 7 days before the date on which the check is to be initiated.
(4) A Czechoslovak legal person obliged to deliver goods to a foreign customer designated pursuant to paragraph 1 shall, without undue delay, communicate to the monitoring organisation in sufficient time which economic contract or delivery order and which contract with the foreign customer relates to the supply of goods to be checked. At the same time, the control organisation shall also provide the supporting documents relating to the contractual quality determination and, where applicable, the quantity of goods checked in relation to foreign customers required for the assessment of the quality and, where applicable, the quantity of goods to the extent subject to control.
(5) The inspection certificate shall be issued by the inspection organisation after an impartial inspection on the basis of the quality actually established and, where appropriate, the quantity of goods found.
(1) A supplier of goods for export or a Czechoslovak legal person who is to supply goods to a foreign customer and manufactures such goods may dispatch goods covered by the provisions of § 1 or § 2 to a foreign customer only on the basis of the report on the outcome of the inspection referred to in § 1 (5) or the certificate referred to in § 2 (5), provided that they demonstrate that no defects have been detected in respect of the goods in the control carried out to the specified extent.
(2) Without a report on the outcome of the check or certificate referred to in paragraph 1, those goods may be dispatched abroad or transmitted to a foreign customer only in the cases referred to in Article 4 (2). This is without prejudice to the provisions of other legislation.2)
(1) The customs authorities shall release goods subject to control abroad only on the basis of a report on the results of the inspection referred to in Article 1 (5) or the control certificate referred to in Article 2 (5), demonstrating that the goods do not have defects within the scope of the checks provided for.
(2) Without the protocol or control certificate referred to in paragraph 1, the customs authorities shall release the goods subject to control abroad only upon written request by a Czechoslovak legal person obliged to supply them to foreign customers.
(3) The Czechoslovak legal person obliged to deliver to a foreign customer controlled goods shall, as a general rule, discuss with that foreign customer the export of the goods in the established condition prior to the application referred to in paragraph 2. An application may be made only where the damage which would have arisen for the Czechoslovak national economy if the supply of goods had been delayed would likely have been greater than the damage that would have arisen from the Czechoslovak national economy by supplying the goods in a state identified by the inspection or on the basis of experience so far without control.
(1) If the customs authorities find that any goods exported from the Czechoslovak Socialist Republic are likely to be damaged, or part of them is missing, they will release such goods abroad only at the written request of a Czechoslovak legal person obliged to supply them to a foreign customer.
(2) Where the inspection organisation finds that the goods are damaged or a part of the goods are missing when carrying out the checks referred to in paragraphs 1 or 2, the customs authorities shall draw attention to this, which shall apply mutatis mutandis in accordance with paragraph 1.
Preventive control of imported goods
(1) In order to prevent damage to the Czechoslovak national economy, the Federal Ministry of Foreign Trade may decide that certain imported goods are subject to control.
(2) The decision will be sent by the Federal Ministry of Foreign Trade to a Czechoslovak legal person authorised to carry out a foreign business activity which is in contract with a foreign supplier of goods subject to control (hereinafter referred to as the "importing organisation"), a Czechoslovak legal person who has undertaken to withdraw the goods from the importing organisation or to take over, where appropriate, the (hereinafter referred to as the "customer of the import goods") and a control organisation.
(3) The importer of the goods and the Czechoslovak legal person holding the goods under control are obliged to allow the control organisation to carry out its inspection.
(4) The decision to inspect goods shall not affect the obligation of Czechoslovak legal persons to examine the state of the imported goods under other legislation.
Certificate of use and use of imported goods
(1) The Federal Ministry of Foreign Trade may require, through an authorised customs authority, that the customer of import goods demonstrate when and for what purpose the imported goods have been used and whether they have been used in good time.
(2) The collector of import goods shall be obliged to inform the authorised customs authority where the goods are located and the Czechoslovak legal person carrying the imported goods shall be obliged to allow that authority, without delay, access to such goods for the purpose of checking their use and use and to document the status of the goods checked and to consult the documents relating to such goods.
(3) The customs authority responsible for carrying out the investigation shall draw up a report sending it to the Federal Ministry of Foreign Trade. If deficiencies are identified in the investigation, a copy of the report shall also be sent to the customer of the import goods, to the Czechoslovak legal person carrying the goods, to their superior central authorities and to the Czechoslovak State Bank.
(4) The investigation referred to in this paragraph may be initiated no later than five years after the end of the calendar year in which the goods were released under customs procedure.
General and final provisions
The inspection provided for in Sections 1 and 6 shall be carried out and the inspection certificate referred to in Section 2 shall be issued by the Inspection, International Trade Control Company, Prague.
The Decree of the Minister for Foreign Trade No 2 / 1964 of the Ministry of Foreign Trade on the Quality Control of Products for Export (Notice of 31 / 1966 Coll.) is hereby repealed.
This Decree shall take effect on 1 November 1980.
Minister:
Ing. Barčák v. r.
1) Article 521 of Act No. 101 / 1963 Coll., on Legal Relations in International Trade.
2) In particular the Economic Code.
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Regulation Information
| Citation | Decree No. 140 / 1980 of the Federal Ministry of Foreign Trade Coll., on preventive control of exported and imported goods and on a certificate on the use and use of imported goods |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.10.1980 |
|---|---|
| Effective from | 01.11.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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