Act No 187 / 2011 Coll.
Act amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and on the Amendment of Certain Acts, as amended
Valid
Law
Effective from 23.07.2011
Text versions:
23.07.2011
08.07.2011
187
THE LAW
of 9 June 2011
amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 440 / 2003 Coll., on the treatment of rough diamonds, on the conditions of their import, export and transit and on the amendment of certain laws, as amended by Act No. 60 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 70 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 227 / 2009 Coll. is amended as follows:
1. In Article 4 (4), the words "or intelligence 'are replaced by the words" and intelligence'.
2. In Article 6 (2), the words "to the application of the tax administrator 'are replaced by" to the application'.
3. In Article 27, the sentence "The person applying for registration shall be responsible for the accuracy and veracity of the information provided in the application for registration and for the authenticity of the documents submitted is added at the end of paragraph 5. '.
4. In Paragraph 28, the sentence "The person applying for a special registration shall be responsible for the accuracy and veracity of the information provided in the application for registration and for the authenticity of the documents submitted is added at the end of paragraph 2. '.
5. In Article 31, the following paragraph 5 is added:
"(5) The person who keeps the records referred to in paragraph 1 or 2 shall be responsible for the accuracy of the particulars kept therein."
6. In Part One, Title VII, including the headings and footnotes 14:
ADMINISTRATIVE DEPARTMENTS
Transfers
(1) A natural person commits an offence by:
(a) imports, exports or transports rough diamonds in breach of the Regulation;
(b) treat rough diamonds without a general registration in breach of Article 27 (1);
(c) in contravention of Article 27 (5), he shall indicate incorrect or false information in the application for registration or, for registration purposes, he shall produce false or amended documents;
(d) in contravention of Article 31 (4), produce no record of rough diamonds or related documents or produce a record containing incorrect information or falsified or amended supporting documents;
(e) in contravention of Article 31, does not keep a record of rough diamonds or does not provide the statutory information in the register; or
(f) shall not submit the annual report referred to in Article 32 within the specified deadline.
(2) An offence may be imposed
(a) a fine of up to 1 000 000 CZK or forfeiture of a case, if it is an offence referred to in paragraph 1 (a) to (c);
(b) a fine of up to 100 000 CZK if it is an offence under paragraph 1 (d) to (f).
Administrative offences of legal and business natural persons
(1) A natural person, a legal person and an undertaking, commits an administrative offence by:
(a) imports, exports or transports rough diamonds in breach of the Regulation;
(b) treat rough diamonds without a general or special registration in breach of Articles 27 (1) and 28 (1);
(c) in contravention of Article 27 (5) or Article 28 (2), indicate incorrect or false information in the application for registration or submit false or amended documents for registration purposes;
(d) in contravention of Article 31 (4), produce no record of rough diamonds or related documents or produce a record containing incorrect information or falsified or amended supporting documents;
(e) in contravention of Article 31, does not keep a record of rough diamonds or does not provide the statutory information in the register; or
(f) shall not submit the annual report referred to in Article 32 within the specified deadline.
(2) A fine shall be imposed on the administrative offences of a legal person or of a natural person in business:
(a) 10 000 000 CZK if it is an administrative offence referred to in paragraph 1 (a) or (b);
(b) 1 000 000 CZK if it is an administrative offence referred to in paragraph 1 (c);
(c) 100 000 CZK for administrative offences referred to in paragraph 1 (d) to (f).
(3) An administrative offence of a legal or commercial natural person may, individually or together with a fine, be imposed on the forfeiture of a case where the case belongs to the perpetrator of an administrative offence and has been:
(a) used to commit an administrative offence; or
(b) an administrative delicacy acquired or acquired by an administrative delicacy acquired.
(4) The forfeiture of a case cannot be imposed if the value of the case is in an obvious disproportion to the nature of the administrative offence.
(5) Owned by a failed cause becomes.
Prevent things
(1
(a) belong to a legal person or an undertaking to a natural person who cannot be prosecuted for an infringement pursuant to Article 35 (1);
(b) it is not for a legal person or an undertaking to a natural person who has been or is not wholly affected by an infringement pursuant to Article 35 (1);
(c) belong to a natural person who cannot be prosecuted for an infringement pursuant to Article 34 (1);
(d) it is not for a natural person who has been or is not wholly affected by an infringement pursuant to Article 34 (1).
(2) A decision to prevent a case may not be taken six years after the administrative offence has been committed pursuant to Article 34 (1) or Article 35 (1).
(3) The owner of the seized thing becomes.
Common provisions
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability for conduct arising in or directly related to the business of a natural person shall be subject to the liability and penalty provisions of a legal person.
(4) Administrative offences under this law are discussed at first instance by the Customs Directorate of Prague.
(5) Responsibility for the administrative offence under this Act shall cease if the proceedings concerning it have not been initiated within 1 year of the date on which the Prague Customs Directorate becomes aware of it, but no later than 6 years after the date on which the offence was committed.
(6) The fine shall be payable within 30 days of the date on which the decision imposing it became final.
14) Council Regulation (EC) No 2368 / 2002. '
7. Sections 38 to 40 are deleted.
Transitional provision
Proceedings in the matter of administrative offences under Act No. 440 / 2003 Coll., as amended, initiated before and until the date of the entry into force of this Act, shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 440 / 2003 Coll., as effective until the date of entry into force of this Act, unless the legislation referred to in Act No. 440 / 2003 Coll., as effective from the date of entry into force of the Act, is more favourable to the person who committed the administrative offence.
Efficacy
This Act shall take effect on the 15th day following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 187 / 2011 Coll., amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and on the Amendment of Certain Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.2011 |
|---|---|
| Effective from | 23.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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