Act No. 204 / 2002 Coll.
Act amending Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes
Valid
Law
Effective from 24.05.2002
Text versions:
01.05.2004
24.05.2002
204
THE LAW
of 24 April 2002
amending Act No 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes
Parliament has decided on this law of the Czech Republic:
Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, is amended as follows:
1.
(1) The control regime under this Act is subject to dual-use items, including software and technology, which, by their nature, may be used for both civil and military purposes, including those which may be used for both non-explosive purposes and in particular for any form of support for the production of nuclear weapons or other nuclear explosive devices, chemical and biological weapons ("controlled goods').
(2) The list of controlled goods referred to in paragraph 1 shall be laid down in an implementing regulation (the list of controlled goods).
(3) The controlled goods under this Act are also goods covered by the licensing procedure in specific cases under Paragraph 19. '
2.
(1) For the purposes of this Act, an exporter means a person who:
(a) lodge a customs declaration or on whose behalf the customs declaration is lodged and at the time of acceptance of the customs declaration is a Contracting Party to the foreign consignee and is entitled to decide to dispatch the controlled goods from the customs territory of the Czech Republic; if that person does not act on his behalf or if the contract for the supply of controlled goods is not concluded, the decision to dispatch the goods from the customs territory of the Czech Republic shall be decisive; or
(b) decide on the transfer of software or technology by electronic means, fax or telephone to a destination outside the Czech Republic.
(2) Where, under a contract on the basis of which export can be effected, the right to dispose of controlled goods by a person having his registered office or residence outside the territory of the Czech Republic has the right, for the purposes of this Act, that exporter shall be considered as a Contracting Party having its registered office in the Czech Republic.
(3) For the purposes of this Act, export shall mean:
(a) the release of controlled goods for the export or outward processing procedure or the allocation of a customs-approved re-export destination, on the basis of a decision given by the customs office in accordance with special legislation, 6)
(b) the transfer of software or technology by electronic means, fax or telephone to a destination outside the Czech Republic; oral transmission of technology by phone is an export only if the technology contained in the document is read or described on the phone in a way that is essentially the same result as when the document is transmitted. This is without prejudice to the provisions of specific legislation.
(4) Importer means the person who imports controlled goods into the Czech Republic. If under the contract on the basis of which imports can be made, the right to dispose of controlled goods in the territory of the Czech Republic by a person having his registered office or residence abroad, for the purposes of this Act, this importer shall be considered as a Contracting Party having its registered office in the Czech Republic.
(5) For the purposes of this Act, import shall mean the release of controlled goods for the customs procedure for free circulation or for one of the procedures with economic effect.
(6) The Government may, by regulation, provide that the customs declaration for placing the goods under control under the customs procedure may only be lodged at a customs office. '
3. In Paragraph 3 (1), the words "the Czech Republic 'are replaced by the words" the European Community'.
4. In Article 3 (2), the words "the Czech Republic 'are replaced by the words" the European Community' and the words "in the Czech Republic 'are replaced by the words" the European Community'.
5. in Article 3 (3) (b), the words "the Czech Republic" shall be replaced by the words "the European Community."
6. In Article 4, the following paragraphs 1 and 2 are added:
"(1) The exporter or importer shall ensure that, at the latest when the customs procedure is initiated, it is notified to the competent customs office that the goods are controlled. The exporter shall clearly indicate in the commercial documents which refer in particular to the purchase contract, order confirmation and accounting documents that the goods are controlled.
(2) The exporter or importer shall submit the original of the individual or individual open licence for export or import of the controlled goods to the competent customs office which decides to release the controlled goods; otherwise the controlled goods cannot be released. ';
Paragraphs 1 to 3 shall become paragraphs 3 to 5.
7. In Paragraph 4 (3), the word "further 'is inserted after the word" Exporter of controlled goods'.
8. In Article 4 (3), the following shall be added at the end of point (c): "and present this record to the Ministry at its request '.
9. In Article 4 (4), the word "further 'is inserted after the word" Importer of controlled goods'.
10. in Article 4 (4) (a), the words "unless otherwise provided in specific legislation," shall be inserted after the words "other user."
11. in Article 4 (4) (b), "in the Czech Republic" is replaced by "in the European Community."
12. in Paragraph 4 (4), point (c) is replaced by the dot and point (d) is deleted;
13. in Article 4 (5), "paragraph 2 (a) to (c)" is replaced by "paragraph 4."
14. in Article 6 (1), the words "at once or in part consignments" shall be inserted after the word "import."
15. in Article 6 (3) (a), "name and registered office" shall be replaced by "name or business name and registered office."
16. in Article 6 (3) (c), the words "name and registered office" are replaced by the words "name or business name and registered office."
17. in Article 6 (3), the following points (d) and (e) are inserted after point (c):
"(d) the name or business name and registered office or, where appropriate, the name and place of business of the intermediary or agent, if different from the exporter,
(e) the name or business name and registered office or, where applicable, the name and place of business of the consignee of the consignment, if different from the foreign contractor; ';
Points (d) to (i) shall be renumbered as points (f) to (k).
18. in Article 6 (3) (j), the words "name and registered office" shall be replaced by the words "name or business name and registered office."
19. in Article 6 (4) (b):
"(b) on exportation by an import authorisation by the competent authority of the importing State or by a declaration from the foreign end-user that the goods will not be used for the manufacture or development of nuclear, chemical and biological weapons, indicating the specific purpose of its use, which must correspond to the data in the licence application, and stating that they will not be re-exported without the consent of the exporting country, upon importation by a similar declaration with the written undertaking of the end user, that the specified goods will be used only for the authorised purpose; such documents need not be submitted in cases where an authorisation has been issued to the State Office for Nuclear Security on the basis of a guarantee from the State to which the goods are exported. ';
20. in Article 6 (4), the following point (d) is inserted after point (c):
"(d) a statement of other facts, if they could be relevant to the outcome of the proceedings;"
Point (d) shall be renumbered as point (e).
21. in Article 6 (4) (e), the words "and information" shall be inserted after the words "documents."
22. in Article 7 (2), the word 'contains' shall be replaced by 'must contain in particular';
23. in Article 7 (2) (a), the words "name, registered office" are replaced by the words "name or company, registered office."
24. in Article 7 (2) (d), the words "name and registered office" shall be replaced by the words "name or business name and registered office," and the words "or the consignee of the consignment, if different from the foreign contractor," shall be inserted after the words "partner";
25. in Paragraph 7 (2) (g), the word "worker" shall be replaced by "employee."
26. in Article 9, the following point (e) is inserted after point (d):
"(e) the intended end-use does not sufficiently guarantee that the goods will not be used in conjunction with weapons of mass destruction, missile systems capable of carrying such weapons or for military end-use; or"
Point (e) shall be renumbered as point (f).
27.
(1) The Ministry shall revoke an individual licence if:
(a) the licence has been granted on the basis of false or incomplete information; or
(b) the conditions laid down in the licence have not been complied with.
(2) The Ministry will change or withdraw an individual licence if this is justified by the foreign policy or security interests of the Czech Republic.
(3) An individual licence may not be revoked, amended or revoked if the goods checked have been placed under a customs procedure or re-export.
(4) The Ministry shall suspend the individual licence for the period strictly necessary to exclude suspicion that there is any reason for its revocation, amendment or revocation. If there is no reason for the decision to revoke, amend or revoke the licence, the suspension of the licence shall be terminated. ';
28. In Paragraph 11, the words "non-award or withdrawal 'are replaced by" non-award'.
29. In Article 11, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The decision of the Ministry to revoke, modify or revoke an individual licence shall not be subject to decomposition. This is without prejudice to the right of judicial review of an administrative decision. (8) No decomposition or appeal may be brought against a decision suspending an individual licence. 8)."
30. in Article 12 (3) (a), the words "name and registered office" shall be replaced by the words "name or business name and registered office."
31. in Article 12 (3) (g), the words "name and registered office" shall be replaced by the words "name or business name and registered office."
32. in Article 12 (4), the following point (d) is inserted after point (c):
"(d) a statement of other facts, if they could be relevant to the outcome of the proceedings;"
Point (d) shall be renumbered as point (e).
33.In Article 12 (4) (e), the words "and information" shall be inserted after the words "documents."
34. In Paragraph 13 (1), the word 'contains' is replaced by 'must contain in particular'.
35. in Article 13 (1) (a), the words "name, registered office" shall be replaced by the words "name or company, registered office";
36. in Paragraph 13 (1) (g), the word "worker" is replaced by the word "employee."
37.
(1) An individual open licence may be revoked, amended, revoked or suspended for the reasons and under the conditions set out in Section 10.
(2) The decision of the Ministry to grant, revoke, amend or revoke an individual open licence shall not be subject to decomposition. This is without prejudice to the right of judicial review of an administrative decision. (8) No decomposition or appeal may be brought against a decision suspending an individual open licence. 8). "
38. In Article 15, the words "and paragraph 4 (d) 'shall be added at the end of the text of paragraph 1.
39. In Article 15 (2), at the end of the sentence, the second dot is replaced by a semicolon and the words "the State is not liable for any injury which an exporter or importer would have incurred in this way."
40. In Article 16, the following paragraph 4 is added:
"(4) A general export licence may not be used if the exporter has been informed by the competent authorities that the goods in question are or may be intended for one of the uses referred to in Paragraph 19 (2), or if the exporter knows or has grounds for suspecting that the goods are intended for the abovementioned uses. Paragraph 6 to 11 shall apply to the next procedure. '
41. in Paragraph 17 (1) (a), the words "their business name" shall be replaced by the words "their business name."
42. The following Paragraph 18a is inserted after Paragraph 18, which includes footnote 8 (a):
(1) The general export authorisation of the European Community (8a) has the character of a general export licence.
(2) A general export licence may not be issued for controlled goods whose movement within the European Community requires a licence.
(8a) Council Regulation (EC) No 1334 / 2000 of 22 June 2000 establishing a Community regime for the control of exports of dual-use articles and technology. ';
43.
Licensing in special cases
(1) The licence procedure in specific cases covers exports of goods and technology not included in the list of controlled goods, including the provision of technical assistance linked to the movement of persons and including oral forms of assistance.
(2) The specific cases are:
(a) the exporter has been informed by the Ministry that goods not included in the list of controlled goods are, or may be, all or part of them intended for use in conjunction with the development, manufacture, handling, operation, maintenance, storage, detection, detection, detection or distribution of chemical, biological or nuclear weapons or other nuclear explosive devices, or with the development, manufacture, maintenance or storage of missile systems capable of carrying such weapons;
(b) the buyer or destination country is subject to an arms embargo decided by a common position or joint action adopted by the Council of the European Union or by a decision of the Organisation for Security and Cooperation in Europe or an arms embargo imposed by a United Nations Security Council Resolution and the exporter has been informed by the Ministry that the goods not listed in the controlled goods are or may be intended for military end-use in all or part of them; Military end-use means for the purposes of this Act:
1. incorporation into the list of military materiel issued pursuant to the Special Legislative Decree 8b (hereinafter referred to as the "Military Goods List");
2. the use of manufacturing, testing or analysis equipment and components therefor for the development, manufacture or maintenance of military equipment specified in the Military Goods Controls;
3. the use of any unfinished products in the manufacture of military material listed in the Military Goods Controls;
(c) the exporter has been informed by the Ministry that goods not included in the list of controlled goods are, or may be, all or part of them intended for use as parts or components of the items included in the list of military goods which have been exported in breach of special legislation, 8b)
(d) a government regulation provides that the export of goods not included in the list of controlled goods is or could be associated with a serious threat to public policy or security, 8c); or
(e) the technical assistance provided outside the territory of the Czech Republic is intended or the provider is aware that it is intended to be used in conjunction with the activities referred to in points (a) and (b).
(3) Where the exporter is aware that the technical assistance which he intends to provide or the goods not listed in the list of controlled goods which he offers for export are intended for all or part of the use referred to in paragraph 2 (a) to (c), he shall inform the Ministry thereof.
(4) Where an exporter has, or under the circumstances, grounds for suspecting that goods not listed in the controlled goods may be identified in whole or in part for one of the uses referred to in paragraph 2 (a), he shall inform the Ministry thereof; they shall be released from this obligation if they have taken all available measures to establish the actual use of the exported goods and have satisfied themselves that there is no risk of abuse.
(5) The Ministry shall decide in the cases referred to in paragraph 2 (b) and in paragraphs 3 and 4 if the export of such goods is subject to licence procedures under this Act. The required form of licence shall be determined by the Ministry.
(6) In the licensing procedure in special cases, the exporter shall continue to comply with this Act. Paragraph 6 to 14 shall apply mutatis mutandis in the licensing procedure.
8b) Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on Addition to Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended.
8c) Articles 36 and 114 of the Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, published in the Collection of Laws as a Communication of the Ministry of Foreign Affairs No 7 / 1995 Coll. Article 30 of the Treaty establishing the European Community published by Official Journal EC No C 340 on 10 November 1997. '
44. in Paragraph 19 (2) (e), the words "the Czech Republic" shall be replaced by the words "the European Community."
45. in the second sentence of Paragraph 21, "Paragraph 19 (1) (a)" is replaced by "Paragraph 19 (2)."
46. The following Section 23a is inserted after Section 23:
(1) The customs office shall suspend the customs procedure or, where necessary, otherwise prevent the export or import of controlled goods for which a licence has been granted under this Law from being effected if:
(a) has reason to suspect that serious information has not been taken into account when granting the licence;
(b) circumstances have changed in substance since the licence was granted; or
(c) has been requested by the Ministry in case of serious findings.
(2) In the cases referred to in paragraph 1, the customs office shall immediately inform the Ministry, which shall decide on the next procedure within 10 working days, in particularly complex cases within 30 working days. If the customs office does not receive a decision by the Ministry on the further procedure or notice of extension, it shall release the goods after 10 working days. It shall likewise proceed after the extended period has expired if it has been informed of the extension. ';
47. in Paragraph 24 (1), the words "the Czech Republic abroad" shall be replaced by the words "the European Community";
48. In Paragraph 24, the following paragraph 2 is inserted after paragraph 1:
"(2) Where an exporter or any other person moves controlled goods from the territory of the Czech Republic without a licence, even if the licence is required for its movement within the European Community, the procedure laid down in paragraph 1 shall apply. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
49. in Paragraph 24 (4), "paragraphs 1 and 2" shall be replaced by "paragraphs 1 and 3";
50. in Paragraph 25 (4), "§ 4 (2) (b)" is replaced by "§ 4 (4) (b)";
51. in Article 28 (b), "§ 3 (1)" is replaced by "§ 3 (1) and (3)."
52.In Article 28 (c), "§ 9 (d) and § 10 (1) (b) 'is replaced by" § 9 (d) and (e) and § 10 (2) and (4)';
53. In Paragraph 29, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The Ministry of Finance and the Ministry of Finance shall provide each other with information relating to the licensing and customs procedure, to the extent specified in the licence pursuant to paragraphs 7 and 13. They shall immediately inform each other of the facts relevant to the authorisation procedure and the monitoring of compliance with the conditions of the control system and the imposition of penalties.
(3) The Ministry and the State Authority on Nuclear Security provide each other with information concerning authorisation and licensing procedures, in the manner and to the extent provided for by a reciprocal agreement to ensure the activities under this Act and the relevant legislation (3), (4) '.
Paragraph 2 shall become paragraph 4.
54. In Article 29, paragraphs 5 and 6 are added:
"(5) An information obligation to the competent authorities of the European Union shall be exercised by the Ministry within the scope of this Act.
(6) A foreign person under this law means a natural or legal person having its registered office or place of business in a country which is not a Member State of the European Union. ';
55. In Paragraph 30, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Individual and individual open licences are non-transferable. The person who has been granted an individual and an individual open licence must therefore submit the licence to the customs office as a declarant, either alone or through a direct representative. (6) The validity of the registration for the use of the general licences shall be verified by the customs office during the customs procedure."
56. The following Section 30a is inserted after Section 30, including footnote 13:
The State is not liable for the damage caused by the decision for the reasons set out in this Act; the liability of the State under special legislation13) is not affected by this.
13) Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or maladministration and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 120 / 2001 Coll. '
57. in Article 32, "§ 2 (3)" is replaced by "§ 2 (2)";
Efficacy
This Act shall take effect on the day of its publication, with the exception of Article I, points 3 to 5, 11, 42, 44, 47 to 49 and 54, which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 204 / 2002 Coll., amending Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2002 |
|---|---|
| Effective from | 24.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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