Act No. 21 / 1997 Coll.
Law on the control of exports and imports of goods and technology subject to international control regimes
Valid
Law
Effective from 27.02.1997
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21
THE LAW
of 24 January 1997
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:
GENERAL PROVISIONS
Subject matter of the law
(1) This Act regulates the conditions under which goods and technology subject to international control regimes (the control regime) may be exported from the Czech Republic or imported into the Czech Republic and the jurisdiction of the authorities in this area.
(2) The authorities responsible for the application of the control system under this Act are required to take into account the objectives of international institutions operating in the field of multilateral control of strategic goods and in the field of non-proliferation of nuclear, chemical and biological weapons, which the Czech Republic is a member of or recognised by the Government of the Czech Republic, while fulfilling the foreign policy, security and commercial interests of the State in this field.
Definition of basic terms
(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 those covered by the licence procedure in specific cases under Section 19.
(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 European Community; where that person does not act on his behalf or if there is no contract for the supply of controlled goods, the decision on the dispatch of such goods from the customs territory of the European Community shall be decisive; or
(b) decide on the transfer of software or technology by electronic means, fax or telephone to a destination outside the territory of the European Community.
(2) Where, under a contract on the basis of which exports may be made, the right to dispose of controlled goods by a person having his registered office or residence outside the territory of the European Community is granted, for the purposes of this Act, that exporter shall be considered as a Contracting Party having its registered office in the European Community.
(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 territory of the European Community; 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.
General obligations of the exporter, importer and user
(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.
(3) The exporter of the controlled goods shall also:
(a) ensure that the end-use certificate of the goods checked and that the conditions laid down in the export licence, if any, are complied with;
(b) at the request of the Ministry of Industry and Trade (hereinafter referred to as "the Ministry"), submit on completion of the export proof of verification of delivery issued by the competent authority of the importing country, confirming receipt of the controlled goods in the authorised country of destination,
(c) keep, for at least five years from the end of the calendar year in which the goods were exported, a register containing the essential information necessary for the identification of the goods;
1. the name and the code name of the goods in the list of the goods checked;
2. the quantity and value of the goods,
3. the identification of the licence,
4. date of sale,
5. the name and address of the foreign contract partner and end user,
6. the purpose of using the goods;
including relevant documents (business contracts, guarantees of use, invoices, transport and other shipping documents) and present this record to the Ministry at its request,
(d) when exporting imported controlled goods, comply with the conditions laid down in the export licence of a foreign supplier;
(e) provide the necessary synergies in carrying out the control activities referred to in paragraphs 20 to 22.
(4) Furthermore, the importer of the controlled goods shall:
(a) for a period of at least three years from the date of importation of the controlled goods and, in the case of ownership of the controlled goods, for the duration of such ownership and for at least three years from the transfer of such ownership to another user, unless otherwise provided in the specific legislation, (3), (4) keep a register of the controlled goods containing the essential information necessary for the identification of the goods;
1. the name and the code name of the goods in the list of the goods checked;
2. the quantity and value of the goods,
3. the identification of the licence,
4. the location of the goods,
5. on resale of the goods, the name and address of the new user and the date of sale,
6. the purpose of using the goods;
including relevant documents (business contracts, guarantees of use, documents of possible production consumption, invoices, transport and other shipping documents),
(b) when changing the user of the controlled goods in the European Community, draw the other user's attention in writing to the fact that they are controlled goods and inform him of the conditions laid down by the initial exporter, the conditions laid down in the import licence and the obligation to comply with the conditions laid down in the specific rules for each type of goods; the new user is obliged to keep records of the goods to the extent referred to in point (a) and to have an ongoing check carried out pursuant to Paragraph 21;
(c) to provide the necessary synergies in carrying out the control activities referred to in paragraphs 20 to 22.
(5) The user of the controlled goods shall use the controlled goods only for the purposes specified in the licence and fulfil the conditions laid down therein, as well as the conditions set out in the export licence for the foreign exporter, as well as the obligations as importer under paragraph 4.
AUTHORISATION PROCEDURE
The exporter is entitled to export and import controlled goods only on the basis of, to the extent and under the conditions laid down in the Ministry's authorisation for export or import ("the licence ') granted in the form of an individual, individual open or general licence.
Individual licences
(1) An individual licence is a written decision by the Ministry in the prescribed form in accordance with Paragraph 7 (2) allowing the exporter or importer to export or import, at the same time or in part, the type and quantity of the goods checked on the basis of a contractual arrangement between the exporter or importer and its foreign trading partner.
(2) A written application for an individual licence shall be submitted by the exporter or importer to the Ministry after a written declaration of the will of the foreign contractor to conclude a contract in the field of trade in a particular type and quantity of goods controlled. An individual licence should be requested for each contract for the export or import of controlled goods.
(3) The application for an individual licence must contain:
(a) the name or business name and registered office of the exporter or importer and, where appropriate, the name and place of business;
(b) the identification number of the exporter or importer, for the natural person, the birth number and the place of permanent or long stay in the Czech Republic, 5)
(c) the name or business name and registered office or, where applicable, the name and place of business of the foreign contract partner or domestic contract partner;
(d) the name or business name and registered office or, where applicable, 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;
(f) subheading of the Combined Nomenclature of the Tariff,
(g) the name of the goods by commercial document and their code number in the list of the goods checked, their quantity, the price and the manufacturer's designation;
(h) the name of the country to which the controlled goods are to be exported or imported;
(i) the purpose of using the goods;
(j) the name or business name and registered office or, where appropriate, the long-term or permanent residence of the end-user;
(k) a proposal for the period of validity of an individual licence.
(4) The application for an individual licence must be supported by:
(a) a contract proposal or a contract concluded between the exporter or importer and his foreign contractor with an accurate specification of the goods under control, including an indication of their quantities;
(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 exporter's country, on importation by a similar declaration with a written undertaking by 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;
(c) by authorisation of the State Office on Nuclear Security for the import and export of controlled goods in the nuclear field issued under a special law, 4)
(d) by a statement of other facts where they might be relevant to the outcome of the procedure;
(e) at the request of the Ministry, additional documents and information enabling the case to be duly assessed.
(5) The model application for an individual licence is laid down in an implementing act.
(1) The Ministry shall decide on the application for an individual licence.
(2) The decision to grant an individual licence for the export or import of controlled goods must include in particular:
(a) name or company, registered office and identification number of the exporter or importer, where applicable, name and place of business, for the natural person, the birth number and place of permanent or long stay in the Czech Republic, 5)
(b) subheading of the Combined Nomenclature of the Tariff,
(c) the name of the goods, including the code number in the list of the goods checked, their quantity and price;
(d) the name or business name and registered office, where applicable, the name and place of business of the foreign contractor or consignee of the consignment, if different from the foreign contractor, and the name or business name and registered office of the end-user of the goods;
(e) the period of validity of the individual licence;
(f) any other terms and conditions of the individual licence resulting from obligations under which the Czech Republic is bound;
(g) the date of issue, the stamp and the signature of the authorised official of the Ministry.
(3) In the Decision, the Ministry will define the place for customs records (7) on the use of individual licences granted.
(1) The exporter or importer shall notify the Ministry of the volume of supplies made after they have ceased, no later than two weeks after the expiry of the individual licence, unless otherwise specified in the terms of the licence.
(2) In the case of non-use of an individual export or import licence, the exporter or importer shall notify the Ministry without delay of this fact and return the licence granted.
The Ministry shall not grant an individual licence if:
(a) the exporter or importer has not complied with the conditions laid down in Article 6; or
(b) the exporter or importer has infringed the conditions of the control system or, in connection with that activity, has infringed domestic or foreign legislation in this field; or
(c) the exporter or importer has failed to comply with the obligation to request prior consent in the cases provided for in Article 15 (3); or
(d) this is justified by the foreign policy, commercial or security interests of the Czech Republic; or
(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
(f) the conditions laid down in the Special Act are not fulfilled. 3), 4)
(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. The suspension of the licence shall be terminated if no reason is found for the decision to revoke, modify or revoke the licence.
(1) No decomposition is possible against the decision of the Ministry to grant or not to grant an individual licence. This is without prejudice to the right of judicial review of the administrative decision. 8)
(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)
Individual open licences
(1) An individual open licence is a written decision by the Ministry in the prescribed form in accordance with Paragraph 13 (1) allowing a specific exporter or importer to export or import controlled goods of the same nature in recurring deliveries.
(2) The Ministry may grant an individual open licence in the case of anticipated repeated exports or imports of controlled goods within a specified godly structure and territorial scope, for a certain period of time (usually calendar year), upon written request by the exporter or importer.
(3) The application for an individual open licence must contain:
(a) the name or business name and registered office of the exporter or importer and, where appropriate, the name and place of business;
(b) the identification number of the exporter or importer, for the natural person, the birth number and the place of permanent or long stay in the Czech Republic, 5)
(c) subheading of the Combined Nomenclature of the Customs Tariff,
(d) the names of the goods and their code names according to the list of the goods checked, their estimated quantity and the total price;
(e) the names of the States to which the controlled goods are to be exported or imported;
(f) the intended use of the goods;
(g) the name or business name and registered office or, where appropriate, the long-term or permanent residence of the end-users, if known at the time of the request;
(h) a proposal for the period of validity of an individual open licence.
(4) The application for an individual open licence must be accompanied by:
(a) a list of foreign trading partners;
(b) commercial documents proving the expected supply of controlled goods for which an individual open licence is required to be exported or imported if they have been concluded between the domestic exporter or importer and his foreign contractor;
(c) by authorisation of the State Office on Nuclear Security for the import and export of controlled goods in the nuclear field issued under a special law, 4)
(d) by a statement of other facts where they might be relevant to the outcome of the procedure;
(e) at the request of the Ministry, additional documents and information enabling the case to be duly assessed.
(5) The model application for an individual open licence is set out in the implementing act.
(1) The decision to grant an individual open licence for the export or import of controlled goods must include in particular:
(a) name or company, registered office and identification number of the exporter or importer, where applicable, name and place of business, for the natural person, the birth number and place of permanent or long stay in the Czech Republic, 5)
(b) subheading of the Combined Nomenclature of the Customs Tariff,
(c) the names of the goods and their code names according to the list of the goods checked, the total quantity and the total price;
(d) the names of the States to which the exporter may export or from which the importer may import the controlled goods provided for;
(e) the period of validity of the individual open licence and the deadlines set for the interim implementation reports;
(f) any other conditions under which specified controlled goods may be exported or imported;
(g) the date of issue, the stamp and the signature of the authorised official of the Ministry.
(2) In the decision, the Ministry will define a place for customs records (7) on the use of individual open licences.
(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 to suspend an individual open licence. 8)
Preliminary agreement to act
(1) The exporter or importer of controlled goods may submit a written request for prior consent to negotiate with a foreign partner before submitting an application for an individual licence. The request shall indicate the foreseeable facts referred to in Articles 6 (3) and 4 (d).
(2) The Ministry shall decide on the application within 30 days of its submission. The prior consent granted may be amended if the conditions under which it was issued have changed; the State is not liable for any injury which would have arisen to the exporter or importer. Such prior consent shall not replace the granting of an individual licence.
(3) The Implementing Regulation specifies in which cases of export or import of controlled nuclear, chemical and biological goods of particular importance in terms of State interests the exporter and importer are required to request the Ministry's prior consent to negotiate with a foreign partner prior to the conclusion of the contract.
(4) The viewpoint for the classification of controlled goods as of particular importance under paragraph 3 is:
(a) the fixed volume of the exported controlled goods under one contract in relation to the specified item of the controlled goods;
(b) the technical and utility characteristics of the controlled goods increasing the risk of their use for the production and distribution of weapons of mass destruction;
(c) the sensitivity of the intended end-use point of controlled goods exported from the Czech Republic in terms of foreign policy interests of the State or in terms of specific conditions laid down by the relevant international control regime;
(d) a combination of the conditions referred to in points (a) to (c).
General licences
(1) The general licence allows an undesignated importer or exporter to import controlled goods or export them without the need to apply for a licence under specified conditions. No general licence shall be issued for imports and exports of controlled goods in the nuclear region.
(2) By decree, the Ministry may issue a general import or export licence defining:
(a) the structure of the goods;
(b) the number of States covered by the general licence;
(c) the conditions under which controlled goods may be imported or exported under a general licence.
(3) Where a general licence is used, no individual or individual open licence shall be presented to the customs authorities on import or export and the number of the order issued by the general licence shall be entered in the customs declaration instead of the licence number.
(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.
(1) The importer and exporter intending to import or export controlled goods on the basis of a general licence issued must:
(a) prior to the first use of the general licence, make a written registration with the Ministry stating its business name, registered office or, where applicable, name, address and identification number, accompanied by a copy of the extract of the commercial register, if it is registered in it, or a trade licence;
(b) notify the Ministry of the changes to the data entered in the registration or termination of the supply of controlled goods on the basis of a general licence.
(2) The marketing authorisation issued under the preceding paragraphs is valid for the use of all general licences issued.
The Ministry may decide to exclude an importer or exporter from the use of general licences if it finds that it has infringed the condition set out in one of them. The decision will be sent to the Ministry of Finance.
(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.
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) technical assistance provided outside the territory of the European Community is intended or 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.
CONTROL OF THE CONDITIONS OF THE CONTROL SCHEME AND APPLICATION OF PENALTIES
Prior to the decision to grant or not to grant the licence, the customs office shall, 7) and, in the case of controlled goods in the nuclear field, the State Nuclear Safety Authority shall, on its initiative or at the initiative of the Ministry, carry out an interim check to verify the information contained in the licence application for the purpose and appropriate conditions of use of the controlled goods for which an individual or individual open licence has been requested for importation.
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Regulation Information
| Citation | 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 | 27.02.1997 |
|---|---|
| Effective from | 27.02.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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