Act No. 217 / 1992 Coll.
Act amending and supplementing Customs Act No 44 / 1974 Coll., as amended (complete version No 287 / 1991 Coll.)
Valid
Effective from 01.06.1992
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217
THE LAW
of 22 April 1992
amending and supplementing Customs Act No 44 / 1974 Coll., as amended (Complete version No 287 / 1991 Coll.)
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Customs Act No 44 / 1974 Coll., as amended, is amended as follows:
1. Paragraph 8 (1) (f) reads as follows:
"(f) issue certificates of origin;"
2. The following Sections 12a to 12j are inserted after Section 12:
"Obligations and authorisations of a customs administration officer in service operations and operations
(1) In the course of service operations and operations, a member of the customs administration shall ensure the honour, seriousness and dignity of natural persons as well as of his or her own and shall not allow them to be harmed unfairly in the context of such activities and that any interference in their rights and freedoms exceeds the extent necessary to achieve the purpose pursued by the service or service.
(2) A service operation means the operation of a customs officer in carrying out a customs control.
(3) A service operation means a measure taken by a customs officer in the framework of legal authorisations against a natural person who is in breach of laws and other generally binding legislation, in the manner set out in § 12h (1) and § 14a to 14h.
(4) A member of the customs administration shall, in the course of a service operation or a service operation involving an intervention in the rights or freedoms of natural persons, instruct them, if the circumstances of the case so permit, of their rights; otherwise they shall be instructed without undue delay.
A customs officer shall not be obliged to carry out a service if:
(a) has not been trained or trained for it and if the nature of the service requires such training or training; or
(b) this is prevented by the obligation to carry out another task, the failure of which would appear to cause more serious consequences than the failure to carry out the work.
(1) A customs officer shall, if the nature and circumstances of the case so permit, be obliged to make appropriate calls in the course of the service.
(2) If the nature of the procedure so requires, the member of the customs administration shall use the words "On behalf of the law!."
(3) Each person shall be obliged to comply with the appeal of the intervening customs officer.
(1) A member of the customs administration shall, in the exercise of his or her authority, demonstrate his or her competence to the customs administration, where the nature and circumstances of the service or service so permit.
(2) A customs officer shall demonstrate his / her competence to the customs administration by means of a uniform service, in the course of the service indicated by the identification number, or by a customs official's card or by an oral declaration "customs administration."
(3) The oral declaration "customs administration" only in exceptional cases where the circumstances of the service procedure do not permit proof of such competence by means of a service uniform or a service pass by a member of the customs administration. A member of the customs administration shall prove his / her service uniform or service pass as soon as the circumstances of the service permit.
The circumstances which do not permit the instruction of a natural person concerning his or her rights under Article 12a (4) or which do not permit the use of a call under Article 12c (1), or which do not permit the demonstration of his or her competence in accordance with Article 12d (1), shall in particular be an immediate assault on a member of the customs administration and an imminent threat to the life or health of another natural person.
Authorisation to request clarification
(1) The customs officer shall be entitled to request the necessary explanations from those who may contribute to clarifying the facts relevant to the detection of a criminal offence or offence relating to the import, export or transit of goods and their perpetrators, and, if necessary, invite him to appear at customs within a reasonable period of time to draw up an explanation report.
(2) Everyone shall comply with the call or request referred to in paragraph 1.
(3) An explanation may only be refused by him, his relatives in a series of direct, siblings, adopters, adopters, spouses or other natural persons in relation to a family or similar person, the detriment of which he would legitimately feel to himself, would cause a risk of criminal prosecution or a risk of punishment for an offence, or who would infringe by him the statutory obligation of confidentiality imposed or recognised, unless he is relieved of that obligation by the competent authority or in the interests of which he has the obligation.
(4) The customs officer shall inform the natural person in advance of the possibility of refusing an explanation pursuant to paragraph 3 and of the essential details of the subject matter of the requested explanation.
(5) Those who come to the call shall be entitled to reimbursement of the necessary expenses and to reimbursement of the loss of earnings ("compensation '). The refund is provided by customs.
(6) The entitlement to the refund referred to in paragraph 5 shall cease if it is not applied by the person entitled within three days of the date on which he arrived at the call referred to in paragraph 1; this person must be instructed.
(7) If a natural person does not comply with the request referred to in paragraph 1 without sufficient apology or for serious reasons, he may be brought to customs for an explanation.
(8) The statement of explanation shall be drawn up with the natural person upon presentation; a customs officer shall release the person after his or her registration.
(9) An official record of the presentation shall be made by the member of the customs administration.
Authorisation to require proof of identity
(1) Proof of identity means proof of the natural person's name and surname, date of birth and place of permanent residence or place of temporary residence (1a).
(2) The customs officer shall be entitled to invite the person to prove his identity.
(a) suspected of committing an offence or an offence or suspected of committing an offence or an offence relating to the import, export or transit of goods; or
(b) from which an explanation is required under Article 12f (1); or
(c) which is in the customs border zone.
This person shall comply with the call.
(3) After the identification of the person referred to in paragraph 2 has been established, (c) a member of the customs administration shall immediately release that person if he is not a natural person or a missing person. In the case of a natural person who is suspected of committing a crime, he shall immediately forward it to the authorities of the Czech Police or the Slovak Police Corps (hereinafter referred to as the "Police Authority '). In the case of a natural person, the missing person shall be notified of the person who notified the missing person and, where appropriate, to the competent authority or legal representative.
(4) Where the person referred to in paragraph 2 refuses to prove his or her identity or cannot prove his or her identity even after the necessary cooperation has been provided in order to prove his or her identity, the member of the customs administration shall be entitled to bring the person to customs for the purpose of carrying out the service in order to establish his or her identity or to clarify the matter.
(5) Where a member of the customs administration does not establish the identity of the natural person presented in accordance with paragraph 4 within 12 hours of the presentation or on the basis of the information communicated in the population records and where it is suspected that the natural person presented gives false information about his person, he shall forward it to the nearest police authority.
(6) The member of the customs administration shall make an official record of the presentation.
Authorisation to withdraw a weapon
(1) A member of the customs administration shall be entitled to satisfy himself that he or she does not carry a gun, 1b) which could endanger his or her life or health or the life or health of another natural person and remove it.
(2) A customs officer shall, upon release of the presented person, return to him against the signature of the weapon taken pursuant to paragraph 1. Where the legal reasons for returning the weapon are prevented, the customs officer shall issue a certificate of withdrawal to the person presented.
Authorisation to restrict the free movement of a natural person acting violently
(1) A customs officer may restrict the possibility of free movement to a person who acts violently against him or against another person or destroys property after a futile call to refrain from such conduct.
(2) The restriction of free movement may take only as long as a natural person withdraws from violent behaviour or is transmitted to the nearest police authority, but not more than two hours; in so doing, the person must be able to sit or, where appropriate, to carry out hygiene requirements.
(3) An official record of the use of this authorisation shall be drawn up by the customs officer.
Authorisation to prohibit entry into designated places
A customs officer shall be entitled to order any person not to enter or refrain from entering designated places for the necessary period of time, if required by the security of customs control. ';
3. Paragraph 14, including the headings, reads as follows:
"Use of means of enforcement and weapons by customs officers
Enforcement
(1) The use of a means of enforcement should achieve the purpose pursued by the service; in so doing, only the means of enforcement which is strictly necessary to overcome the resistance of the perpetrator. The Member of the Customs Administration shall decide which of the means of coercive action, depending on the particular situation, so as not to prejudice the likely disproportionate nature and danger of the infringement.
(2) Prior to the use of coercive measures, a customs officer shall be obliged to call on the person against whom he is taking action to bring an infringement into action with a warning that one of the coercive measures will be used. It may waive the call and warnings only if it is itself attacked, or if the life or health of another natural person is manifestly and immediately threatened and the matter cannot be delayed.
(3) The means of enforcement are:
(a) touches, moves, punches and kicks of self-defense,
(b) tear media;
(c) baton,
(d) handcuffs,
(e) service dog,
(f) technical and other means to prevent the vehicle being taken off and to stop the vehicle violently;
(g) firearms;
(h) a weapon-aimed threat;
(i) a warning shot in the air. ';
4. The following Sections 14a to 14k are inserted after Section 14, including the headings:
Use of tactile, moves, punches and kicks of self-defense, tear-forming devices and baton
(1) A customs officer shall be entitled to use the tactile, moves, punches and kicks of self-defense, tear-forming devices and batons to:
(a) ensure the security of another natural person's own or the safety of another person before an unlawful attack, unless the futile call for an attack is waived, the attack is imminent, persists or continues according to all signs;
(b) prevent disorderly conduct, brawl, physical assault of natural persons or intentional damage to property;
(c) demonstrate or detain an active resisting natural person;
(d) prevent the forced entry of unauthorised natural persons into protected customs offices or places where entry is prohibited.
(2) Features and moves of self-defence which do not endanger the health or life of a natural person are entitled to use the member of the customs administration to demonstrate the passive resistance.
Use of handcuffs
A customs officer may use handcuffs
(a) to bind a detained natural person who has actively resisted or attacks another natural person or a member of the customs administration or damages property, to a futile call for him to refrain from such action, or if there is a risk of escape;
(b) the mutual attachment of two or more natural persons demonstrated or detained under the conditions referred to in (a);
(c) in carrying out business with detainees, where they act violently against a customs officer or other natural person or destroy property.
Use of the service dog
(1) The customs officer is entitled to use the service dog
(a) to ensure the safety of another natural person's own or the safety of another natural person, unless the futile challenge is waived, the attack is imminent, persists or continues according to all signs;
(b) to prevent disorderly conduct, brawl, physical assault of natural persons or intentional damage to property;
(c) to prevent the violent entry of unauthorised natural persons into protected customs offices or places where entry is prohibited;
(d) to pursue a natural person who does not stop, try to escape and cannot be otherwise detained near the national borders after a futile challenge;
(e) to pursue a natural person on the run if he is to be detained,
(f) to force the hiding person to leave the hideout if he is to be detained.
(2) A customs officer uses a service dog with a muzzle. If the nature and intensity of the attack or, if necessary, overcome the resistance of a natural person so requires, he shall use the service dog without muzzle.
Use of technical and other means to prevent vehicle takeoff and to stop the vehicle violently
(1) A customs officer shall be entitled to use technical and other means to prevent the removal of a vehicle in the event that the driver of the vehicle refuses to submit, even after a repeated call, to the duties carried out by the customs officer and it is clear from his behaviour that he wishes to leave the place with the vehicle.
(2) A customs officer shall be entitled to use a stopping belt and other means for the violent stop of a vehicle the driver of which does not stop at a repeated call or sign given in accordance with special regulations (1c) if:
(a) there are reasonable grounds for suspecting that they will attempt a violent crossing of national borders;
(b) there are reasonable grounds for suspecting that the perpetrators of a particularly serious intentional criminal offence (1d) or goods derived from such criminal activity are being carried on the vehicle.
(3) In particular, the means referred to in paragraphs 1 and 2 shall be regarded as other means of transport, carriage, construction mechanisms and other obstacles.
Using a firearm strike
A customs officer is entitled to use a firearm strike in self-defense, usually in a struggle with an assailant, and to get in distress.
Use of firearms threat
A customs officer shall be entitled to use firearms threats in order to:
(a) ensure the safety of another natural person's own or the safety of another natural person;
(b) prevent the unauthorised natural persons from entering protected customs offices or places where entry is prohibited;
(c) overcome the resistance to thwarting his service.
Use of warning shot
A customs officer shall be entitled to use a warning shot in the air only in cases where he is entitled to use weapons.
Use of arms
(1) A customs officer shall be entitled to carry a service weapon in the performance of his or her duties under this Act and in the performance of his or her duties under special regulations. (e)
(2) A customs officer authorised to carry a weapon pursuant to paragraph 1 shall be entitled to use a weapon only in the following cases:
(a) to avert, in the event of necessary defence, an imminent or ongoing attack against its person or an attack on the life or health of another natural person;
(b) if the dangerous offender against whom he is acting does not give up on his call or refuses to leave his hiding place;
(c) to prevent the escape of a person reasonably suspected of committing a particularly serious intentional offence which he cannot otherwise detain;
(d) to force a means of transport in the customs border zone, the driver of which does not stop at the call or sign given under the special regulations (1c) and cannot otherwise stop it;
(e) to avert a dangerous attack that threatens the protected object of the customs administration, following a futile call to abandon the attack,
(f) to dispose of an animal immediately endangering the life or health of natural persons.
(3) The weapons referred to in paragraph 1 shall mean firearms, firearms, spikes, explosives, special explosive articles and special explosives.
(4) The use of a weapon by a customs officer in the cases referred to in points (a) to (e) of paragraph 2 shall be permitted only if the use of enforcement measures would appear to be ineffective.
(5) A customs officer shall, before using a weapon, call upon the person he acts against to refrain from the infringement with a warning that weapons will be used. Before using a firearm, a member of the customs administration shall also be required to use a warning shot. A warning and warning shot may be dispensed with only if it itself is clearly and immediately threatened by life or health, or if the life or health of another natural person is clearly and immediately threatened and the matter cannot be delayed.
(6) When using a weapon, a customs officer shall be obliged to take care, in particular in order not to endanger the life or health of other natural persons, and to save as much as possible the life of the person against whom the action is directed.
(7) A customs officer may only use weapons in the border zone or customs territory of the border customs office. He can only use weapons outside this territory if he is threatened himself.
Obligations of a customs officer following the use of means of enforcement and weapons
(1) Where a member of the customs administration finds that a natural person has been injured in the use of coercive devices, he shall be obliged, as soon as circumstances permit, to provide emergency assistance to the injured person and to provide medical treatment.
(2) After each use of the weapon in which a natural person has been injured, the member of the customs administration shall, as soon as circumstances permit, provide emergency assistance to the injured person and provide medical treatment. He shall also be obliged to take all urgent action in order to ensure that the right to use the weapon can be properly clarified.
(1) A customs officer shall report to his superior without delay any official action involving the use of means of enforcement or weapons.
(2) A member of the customs administration shall report to his superior in writing stating the reason, course and outcome of their use.
(3) Where doubts arise as to the validity or adequacy of the use of coercive or weapon, or where the use of coercive devices causes death, injury or damage to property, the superior is obliged to establish whether they have been used in accordance with the law. The results of this finding shall be made public.
Specific restrictions
A member of the customs administration shall not, in the course of a service operation against a clearly pregnant woman or a woman who declares herself pregnant, a natural person of a high age, a natural person with an apparent physical defect or disease and a natural person who is obviously under 15 years of age, use a hit and a pile of self-defense, lacerations, batons, handcuffs, a service dog, a firearm strike and a weapon, except in cases where the attack of those persons directly endangers the life and health of a customs officer or the life and health of other natural persons, or there is more damage to property and danger. ';
5. The heading of Title Two reads:
"CUSTOMS TERRITORY, CUSTOMS FOURTH, FREE CUSTOMS FOOD AND FREEDOM CUSTOMS GLASS '.
6. Sections 18 and 19, including the title, read:
"Free zone and free warehouse
(1) Free zones and free warehouses consist of premises and structures in the part of the customs territory in which the goods placed there are considered as having regard to customs duties, taxes and charges levied in connection with the import and export of goods, as if they were not situated in the customs territory which is separate from the other customs territory, and where:
(a) foreign goods are not subject to import duties or legislation implementing commercial policy measures;
(b) for Czechoslovak goods (hereinafter referred to as "Czechoslovak goods"), specific provisions provide, as a result of its location in a free zone or free warehouse, for the benefit of goods when they are exported for free circulation abroad.
(2) The consent to establish a free zone or a free warehouse is given by the Federal Ministry of Foreign Trade, at the request of the founder, after consultation with the Federal Ministry of Finance, by the central authorities of the Republics and by the competent authorities of the local government.
(1) Free zones and free warehouses must be separated from the other customs territory by a fence at least 3 metres high or otherwise separated in a manner approved by customs in such a way that entry into and exit from the free zone or free warehouse can be controlled and their entry and exit points determined.
(2) Any construction in a free zone may take place only after the customs authorities' prior approval. "
7. The following Sections 19a to 19n are inserted after Section 19:
(1) The perimeter and the entry and exit points of the free zone and the free warehouse are under customs supervision.
(2) Natural persons and means of transport entering and leaving the free zone or free warehouse may be subject to a customs inspection.
(3) Access to a free zone or free warehouse may be refused to natural persons who do not offer a guarantee of compliance with the rules laid down for free zones and free warehouses as they have been repeatedly punished for breach of customs legislation.
(4) Customs shall be entitled to control goods entering, leaving or staying in, or entering, a free zone or free warehouse. In order to allow for such control, copies of the transport documents accompanying the entry or exit goods shall be transmitted to the customs office or stored for that purpose by a natural or legal person designated by the customs office.
(1) In a free zone or free warehouse, goods and foreign goods may be placed, irrespective of their quantity, origin, place of import or destination, including goods subject to prohibitions and restrictions, not including prohibitions and restrictions on grounds of veterinary, plant health, morality or public order, public safety, health, environmental protection, protection of museum and gallery objects, cultural and national cultural monuments having artistic, historical or archaeological value, and protection of patents, trademarks and copyright.
(2) Dangerous goods, goods which may degrade other goods or goods requiring special equipment may only be placed in spaces specially equipped for this purpose.
(1) Goods entering a free zone or free warehouse need not be presented to customs and an application for customs procedure. This is without prejudice to the provisions of Paragraph 19a (4).
(2) However, the goods must be presented to customs and shall be subject to the prescribed customs formalities where:
(a) have been placed in an alert circulation within the territory of the country which has been completed by placing the goods in a free zone or free warehouse; where the customs procedure in question allows the goods to be presented, no presentation shall be required;
(b) is situated in a free zone or free warehouse on the basis of a decision to refund import duties;
(c) an application has been made for an advance payment of the export refund on goods covered by the legislation implementing market regulation measures.
(3) At the request of an authorised natural or legal person, the customs office shall certify that the goods placed in a free zone or free warehouse are either Czechoslovak or foreign goods.
(1) The period of placing of the goods in a free zone or free warehouse is not limited.
(2) The Federal Ministry of Foreign Trade may, by decree, limit this period of time for the goods covered by the legislation implementing market regulation measures.
(1) Any industrial, commercial or service activity in a free zone or free warehouse is authorised under the conditions laid down in this Act. This is without prejudice to the provisions of generally binding environmental legislation.
(2) In view of the nature of the goods and the need for customs control, the customs authorities concerned may prohibit or restrict certain activities referred to in paragraph 1 in a free zone or free warehouse.
(3) Customs may prohibit natural or legal persons who have repeatedly infringed the provisions of this Law from continuing their business in a free zone or free warehouse.
(1) Foreign goods placed in a free zone or free warehouse may, during the following period:
(a) be released for free circulation in the Czech Republic under the conditions laid down for release for free circulation in the Czech Republic and under the conditions laid down in Article 19k;
(b) be used without authorisation as equivalent goods for goods to be placed in circulation in the country for inward processing purposes;
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Regulation Information
| Citation | Act No. 217 / 1992 Coll., amending and supplementing Customs Act No. 44 / 1974 Coll., as amended (complete version No. 287 / 1991 Coll.) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.1992 |
|---|---|
| Effective from | 01.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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