Act No. 220 / 2009 Coll.
Act amending Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended
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Effective from 01.10.2009
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01.10.2009
20.07.2009
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220
THE LAW
of 17 June 2009
amending Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., as amended
Parliament has decided on this law of the Czech Republic:
Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Enterprise (Commercial Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, as amended, Act No. 310 / 2002 Coll., Act No. 357 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll. and Act No. 41 / 2009 Coll., is amended as follows:
1. paragraphs 2 to 4, including footnotes 1 to 1f, read:
(1) By trade in military material, for the purposes of this Act:
(a) exports of military material from the Czech Republic abroad, including exports to other Member States of the European Union;
(b) imports of military equipment into the Czech Republic from abroad, including imports from other Member States of the European Union;
(c) the purchase of military material from a foreign person, the sale of military material from a foreign person (1), as well as the fulfilment of other obligations towards a foreign person and the acceptance of further supplies from a foreign person whose object is military material.
(2) By trade in military material also means:
(a) mediation of the activities referred to in paragraph 1;
(b) the purchase of military equipment abroad and its subsequent sale to a Member State other than the European Union.
(3) For the purposes of this Act, trade in military material shall also be regarded as a written expression of the will to conclude contracts governing the relations referred to in paragraphs 1 and 2.
(1) This law does not apply to:
(a) the export or handling of military material outside the territory of the Czech Republic in the operation of the armed forces of the Czech Republic, the Security Corps (1a) or the essential components of the integrated rescue system of the Czech Republic (1b) according to the declared international treaties by which the Czech Republic is bound, including re-imports,
(b) the import or handling of military material on the territory of the Czech Republic in connection with the operation of armed or rescue forces of other States, the United Nations and other international organisations within the territory of the Czech Republic under the declared international treaties by which the Czech Republic is bound, including re-export;
(c) export or disposal of military material outside the territory of the Czech Republic for the purpose of providing humanitarian aid or involving in international humanitarian emergency operations, including re-importation, if the Government so decides, under the conditions laid down by the Government;
(d) the importation or handling of military material on the territory of the Czech Republic for the purpose of receiving humanitarian aid, including re-export, if the Government so decides, under the conditions laid down by the Government.
(2) In addition, this Act does not apply to the provision of information, broadcasting and recruitment of experts for the purpose of research, development, construction, production, modification, repair, maintenance, use and control of military material under study programmes accredited under special legislation (1c), which are carried out by a military university.
The object of trade in military material shall not be:
(a) weapons of mass destruction, meaning nuclear, chemical and biological weapons1d);
(b) goods subject to the provisions of specific legislation or declared international treaties by which the Czech Republic is bound, prohibiting the use, storage, production and transfer of anti-personnel mines and ordering their destruction (1e) and prohibiting or restricting the use of certain conventional weapons which may cause excessive suffering or may have indiscriminate effects (1f), unless the declared international treaty, which the Czech Republic is bound by, provides otherwise.
1) Paragraph 21 (2) of Act No. 513 / 1991 Coll., Commercial Code, as amended.
1a) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended.
1b) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended.
1c) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended.
1d) For example, the Treaty on the Non-Proliferation of Nuclear Weapons, published under No 61 / 1974 Coll., the Convention on the Prohibition of the Development, Production, Stocks and Use of Chemical Weapons and on Their Destruction, Declared under No 14 / 2009 Coll. s. s., Act No. 19 / 1997 Coll., on Certain Measures Related to the Prohibition of Chemical Weapons and on the Amendment and Amendment to Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on the Prohibition of the Development, Production and Stocks of Toxic Weapons (Biological) and on their Destruction, Decreed under No. 96 / 1975 Coll., Act No. 281 / 2002 Coll., as amended, the Convention on the Prohibition of Biological Weapons and the Prohibition of Biological Weapons, and the Proliferation Act.
1e) Act No. 305 / 1999 Coll., on the prohibition of the use, storage, production and transfer of anti-personnel mines and on their destruction and amending Act No. 140 / 1961 Coll., the penal law, as amended, as amended, as amended by Act No. 41 / 2009 Coll.
1f) Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or have indiscriminate effects, published under No 21 / 1999 Coll. '.
2. in Article 5 (1) (a), the word "primarily" shall be replaced by the words "or adapted" and the words "armed forces, armed forces and services" shall be replaced by "armed forces or security corps."
3. in Article 5 (1) (b):
"(b) machinery, equipment, investment units, technology, software, technical documentation or instructions manufactured, prepared, equipped, constructed or modified for military use, in particular for the development, manufacture, inspection and testing of other products, their components and spare parts referred to in (a).";
4. Paragraph 5 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
5. In Article 5 (2), "paragraphs 1 and 2 'are replaced by" paragraph 1';
6. In Article 5, the words "on the basis of the Common List of Military Goods of the European Union 'shall be added at the end of paragraph 3.
7. Paragraph 6 (2) and (3) read:
"(2) The authorisation is issued by the Ministry of Industry and Trade (hereinafter referred to as" the Ministry ") on the basis of binding opinions from the authorities concerned, which are:
a) Ministry of Foreign Affairs from the point of view of the foreign political interests of the Czech Republic, compliance with obligations arising for the Czech Republic under international agreements as well as from the membership of the Czech Republic in international organisations,
(b) Ministry of the Interior in terms of public order, security and protection of the population;
c) Ministry of Defence in terms of defence security of the Czech Republic.
(3) A binding opinion shall be delivered by the authority referred to in paragraph 2 within 20 days of receipt of the copy of the application; a binding opinion shall contain the consent or disagreement of the authority concerned to issue an authorisation. ';
8. in Article 7 (1) (a), the word "capital" shall be replaced by the word "capital"; the word "constituted" shall be replaced by "constituted" and, at the end of the text of the letter, the words "except for deposits from foreign persons having their registered office or residence in a Member State of the European Union" shall be added.
9. in Article 7 (1) (b) (2) and (3), the words "the Czech Republic" shall be replaced by the words "the Member State of the European Union."
10. Paragraph 7 (3) is deleted.
11. in Paragraph 9 (1) (a), the word "name" is replaced by "company or name."
12. in Article 9 (1) (b):
"(b) the name and, where applicable, the name, surname, permanent residence and the family number of the members of the statutory body of a legal entity and of a procuritor, if awarded, indicating the manner in which they act on their behalf, and the name and, where applicable, surnames, surnames, permanent residence and birth number of the members of the supervisory board, if established; in the case of citizens of another Member State of the European Union, the name or, where applicable, the names, surnames, date of birth and other particulars which are capable of clearly identifying the person concerned, ';
13. in Paragraph 9 (1) (e), "§ 5 (4)" is replaced by "§ 5 (3)."
14. in Paragraph 9 (2), including footnote 3:
"(2) The application for authorisation must be supported by:
(a) by a contract or instrument establishing or establishing a legal person by means of a notarial registration or a contract or instrument with the officially certified signatures of the founders or founders, unless the legal person is already registered in the Commercial Register;
(b) the relevant documents where the information provided in the application differs from those entered in the trade register;
(c) a certificate of compliance with the conditions for the performance of certain functions in state bodies and organisations under the special legislature3),
(d) evidence of the security capacity of a natural person for carrying out a sensitive activity or a certificate of a natural person for a confidential or higher level, issued in accordance with the special legislature (2a), with members of the statutory body of a legal person, of the procurer, where the procure is awarded, and with members of the Supervisory Board, where it is established.
3) § 4 (1) of Act No. 451 / 1991 Coll. '
15. in Article 9, paragraphs 3 and 4 are deleted;
Paragraph 5 shall become paragraph 3.
16. in Paragraph 10 (a), the word "name" is replaced by "company or name."
17. in Article 10 (b):
"(b) the definition of military material which is the subject of trade;"
18. In Paragraph 10, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The legal person who has been authorised shall notify and document to the Ministry in writing any change to any information contained in the application for authorisation or documents attached to the application, no later than 30 days after the date of the change. ';
19. In Paragraph 11 (1), the words "foreign political, commercial or security interests of the Czech Republic" are replaced by the words "foreign political or commercial interests of the Czech Republic or public order, security and protection of the population."
20. In Article 11 (2), the words "and for a period of one year 'shall be replaced by the words" or' and the words' or 'shall be inserted after' or '.
21. In Paragraph 12a (1), the words "or, if so, in the context of assistance to other States," shall be inserted after the words "security of the Czech Republic" and the words "if the other Contracting Party" shall be deleted.
22. in Article 12a (2) (b), the words "or names, as the case may be, shall be inserted after the word" name. "
23. In Paragraph 13 (1) (d) (4), the words "serious" shall be inserted after the words "serious" and, at the end of the text of the point, the words "or European Union law, the legislation of a Member State of the European Union, or the declared international agreement to which the Czech Republic is bound, in so far as they regulate the trading or handling of military material" shall be added.
24. in Article 13 (1) (d), point 5 is deleted;
25. in Article 14 (1) and (2):
"(1) A legal person authorised under this Act shall be entitled to conduct certain trade in military material only on the basis, to the extent and under the conditions laid down in the licence.
(2) A legal person shall apply for the grant of a licence for each contract the object of which is to trade in military material pursuant to § 2 (1) or (2); trade in military material pursuant to § 2 (3) may be carried out without a licence. '
26. In Paragraph 14, the following paragraph 3 is inserted after paragraph 2:
"(3) In the case of trade in military material whose foreign contractors have their registered office in a Member State of the European Union, as defined in the application, licences may be applied for only for that State, even if end-users have their registered office and the end-use of military material occurs in any Member State of the European Union. The list of military equipment which may be the subject of such a licence shall be laid down in the implementing regulation. ';
Paragraph 3 shall become paragraph 4.
27. in Paragraph 14 (4), "§ 15 (2) (d) and § 16 (2) (b)" is replaced by "§ 15 (3) (d) and § 16 (3) (b)";
28. Articles 15 and 16, including footnote 3a, read:
(1) The application for a licence is submitted to the Ministry by a legal person authorised to conduct trade in military material (the applicant).
(2) An application for a licence pursuant to Paragraph 14 (2) shall be submitted following a written presentation of the will of a foreign contractor, made for the purpose of concluding a contract in the field of trade in a particular type and quantity of military material. In the event of the entry of the applicant into an international tender, the applicant may submit an application for a licence already after the publication of a tender or after an invitation to tender.
(3) The application for a licence pursuant to Article 14 (2) must contain:
(a) the firm or name and registered office of the applicant;
(b) the applicant's identification number;
(c) a business firm or name and registered office, or the name or, where applicable, the name, surname and place of business of a foreign contract partner or domestic contract partner,
(d) the authorisation number for the conduct of trade in military material;
(e) the number or, where appropriate, the heading or subheading of the combined tariff nomenclature 3a),
(f) the name of the military material as specified in the list of military goods and quantities thereof, in the case of significant military material referred to in Section 20 below, the registration or production numbers, if any,
(g) the proposed period of validity of the licence;
(h) name of the State;
1. from which the military material is to be imported in the case of its importation to the end-user in the Czech Republic,
2. from which the military material is to be imported and the name of the State in whose territory the final user of the military material is located, in the case of its import into the territory of the Czech Republic and subsequent export; or
3. on the territory of which the end-user is located in the case of exports of military material;
4. in which the military material is to be purchased, and the name of the State in whose territory the end-user of military material is located, in the event that it is not imported into the Czech Republic,
(i) the purpose of foreign trade in military material, indicating whether it is a trade within the meaning of Article 2 (2);
j) offer or contract price per unit of quantity of military equipment in CZK and total price in CZK,
(k) business name and registered office, or name and, where applicable, name, surname and place of business of the end-user;
(l) the geographical name and coordinates of the location of the deposit of military material limited by international agreement in the Czech Republic before or after export, if the subject of the contract is military material of importance within the meaning of Article 20 (4).
(4) An application for a licence under Paragraph 14 (3) shall contain:
(a) the firm or name and registered office of the applicant;
(b) the applicant's identification number;
(c) the authorisation number for the conduct of trade in military material;
(d) the number or, where applicable, the heading or subheading of the Combined Nomenclature of the Customs Tariff,
e. Name of military material as specified in the Military Goods Controls;
(f) the proposed period of validity of the licence,
(g) the name of the State (s) from which it is to be imported or to which military material is to be exported;
(h) the name of the Member State of the European Union in whose territory the place of end-use of military equipment, of a trading firm or of a name and registered office is situated, or the name or, where applicable, the name, surname and place of business of the end-user in the Member State of the European Union.
(5) The application for a licence pursuant to Article 14 (2) must be supported by:
(a) a proposal to conclude a contract or to conclude a contract, stating that such documents must contain a precise specification of the military material, including an indication of its quantity;
(b) end-use proof,
(c) other information identifying military material where necessary for the proper examination of the application.
(6) The end-use document referred to in paragraph 5 (b) must not be more than 12 months old and must contain:
(a) the name of the State in whose territory the final use of military material is situated;
(b) the name of the issuing authority;
(c) the company or name and registered office of the applicant;
(d) the company or name and registered office, or the name or, where appropriate, the name, surname and place of business of the end-user;
(e) a precise description of the military material, in particular its quantity, characteristics and value;
(f) date of issue;
(g) an anti-re-export clause;
(h) the name and, where appropriate, the name, surname and stamp and the signature of the authorised representative of the authority issuing the document;
(i) information on the end-use of military material.
(7) The models of licence applications are laid down in the implementing act.
(1) The Ministry shall decide on the application for a licence within 60 days of its receipt on the basis of binding opinions
a) Ministry of Foreign Affairs from the point of view of the foreign political interests of the Czech Republic and respect for the international obligations of the Czech Republic, in particular those arising from the declared international treaties by which the Czech Republic is bound and from the membership of the Czech Republic in international organisations,
b) Ministry of the Interior in terms of public order, security and protection of the population;
c) Ministry of Defence in terms of securing defence of the Czech Republic in respect of significant military material pursuant to § 20.
(2) The binding opinion referred to in paragraph 1 shall be delivered by the institution concerned within 20 days of receipt of the copy of the application; in particularly complex cases and on the basis of written agreement of ministries, this period may be extended accordingly. The binding opinion shall include the consent or disagreement of the authority concerned. The binding opinion of the Ministry of Foreign Affairs referred to in paragraph 1 (a) shall not be required if an application for a licence has been submitted in accordance with Paragraph 14 (3).
(3) The decision to grant the licence referred to in Article 14 (2) contains:
(a) the name, registered office and identification number of the applicant;
(b) the authorisation number for the conduct of trade in military material;
(c) the number or, where appropriate, the heading or subheading of the Combined Nomenclature of the Customs Tariff;
(d) the name of the military material and its quantity;
(e) the total price of military equipment in CZK;
(f) a business firm or name and registered office, or the name or, where applicable, the name, surname and place of business of the foreign contractor and the end-user of military equipment;
(g) the period of validity of the licence;
(h) any other conditions of the licence.
(4) The decision to grant a licence pursuant to Article 14 (3) contains:
(a) the name, registered office and identification number of the applicant;
(b) the authorisation number for the conduct of trade in military material;
c. Name of military material;
(d) the date, place of issue and duration of the licence;
(e) any other conditions of the licence.
(5) The decision shall specify the place for the records of the customs authorities on the use of the licence granted.
(3a) Council Regulation (EEC) No 2658 / 87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 2031 / 2001 of 6 August 2001. '
footnote 3a shall be renumbered footnote 3b, including the footnote reference.
29. In Article 17 (1), the words "the calendar quarter and, in the case of its use, during the previous calendar quarter, a copy of the licence shall be sent to the Ministry by that date, provided that the records of the customs authorities' are replaced by" the first and second calendar half. The information shall be provided within the scope laid down in the implementing regulation '.
30. In Article 17 (2), "without delay 'is replaced by" within 15 days'.
31. in Paragraph 18 (b):
"(b) the applicant has seriously infringed the provisions of this law or of European Union law, the legislation of a Member State of the European Union or the declared international agreement which the Czech Republic is bound by in so far as it governs the trading or handling of military material; or"
32. In Paragraph 18 (c), the words "foreign political, commercial or security interests of the Czech Republic" are replaced by the words "foreign political or commercial interests of the Czech Republic or the protection of public order, security and protection of the population."
33. In Paragraph 19 (1) (b), the words "foreign political or security interests of the Czech Republic" are replaced by the words "foreign political interests of the Czech Republic or protection of public order, security and protection of the population."
34. The following Sections 23b to 23e are inserted after Section 23a, including the title:
"Military equipment
(1) The customs office may provide military material if it is reasonable to assume that military material has been used or intended to commit an administrative offence or has been obtained by administrative delicacy or has been acquired for another administrative delicacy obtained.
(2) The customs office, when providing military equipment referred to in paragraph 1, shall act in such a way that the rights of third parties are not limited beyond what is necessary to fulfil the purpose of the security.
(1) The customs office shall issue a decision on the provision of military equipment. The appeal against this decision shall not have suspensory effect.
(2) The decision on the provision of military material shall state the reasons for which the military material is secured and shall indicate that the decision on the provision of military material shall have effect from the decision on the guarantee for the fulfilment of the obligation under Paragraph 147 (6) of the Administrative Regulation, unless a fine is paid.
(3) Where appropriate, the customs office may provide in the decision referred to in paragraph 2 that the military material is retained by the person who owns it or holds it; that person may not use, transfer or otherwise dispose of military material.
(1) A person who has received a decision to secure military equipment shall be required to issue such military material to the customs office if the customs office does not act in accordance with Article 23c (3).
(2) If the secured military material is not issued at the request of the customs office, the customs office may withdraw the military material to the person carrying it.
(3) An official record shall be made of the issue or withdrawal of the secured military material, including a description of the military material. The customs office of departure shall issue a certificate of issue or withdrawal to the person who has issued the military material or to which the military material has been removed.
If the secured military material is no longer necessary for further proceedings and does not take into account its forfeiture or prevent administrative misconduct or sale or other disposal, it shall be returned to the person who has been secured. ';
35.
(1) The Ministry is entitled to request from all State authorities information on persons engaged in trade in military material or persons seeking authorisation for such trade, as well as on their business activities, if it relates to trade in military material. The provision of this information is governed by specific legislation5).
(2) The Ministry provides without undue delay:
(a) the authorities concerned under this law:
1. the particulars given in the application for authorisation or licence,
2. the particulars given in the final decision to issue or not to issue an authorisation;
3. the particulars indicated in the final decision not to grant or withdraw the licence;
4. information on the termination of the authorisation, except in the case referred to in Paragraph 13 (1) (c);
(b) Directorate-General for Customs
1. the particulars indicated in the final decision to issue or not to issue an authorisation;
2. the information contained in the final decision granting the licence and withdrawing the licence;
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Regulation Information
| Citation | Act No. 220 / 2009 Coll., amending Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.2009 |
|---|---|
| Effective from | 01.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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