Act No. 240 / 2022 Coll.
Act amending Act No. 69 / 2006 Coll., on the Implementation of International Penalties, as amended, and other related laws
Valid
Law
Effective from 01.09.2022
Text versions:
01.09.2022
31.08.2022
Contents
ČÁST PRVNÍ
Čl. I
㤠1
„HLAVA I
㤠8a
§ 8b
§ 8c
„HLAVA II
„HLAVA I
㤠12a
㤠13a
§ 13b
§ 13c
„HLAVA II
§ 13d
§ 13e
„HLAVA III
㤠14a
„HLAVA IV
„HLAVA V
㤠16a
„ČÁST PÁTÁ
HLAVA I
§ 17
§ 17a
§ 17b
§ 17c
§ 17d
§ 17e
§ 17f
HLAVA II
§ 17g
§ 17h
§ 17i
§ 17j
§ 17k
§ 17l
§ 17m
§ 17n
㤠21
㤠21a
§ 21b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
㤠18a
ČÁST ČTVRTÁ
Čl. V
㤠173a
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
㤠48a
㤠261a
ČÁST DEVÁTÁ
Čl. X
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240
THE LAW
of 10 August 2022
amending Act No. 69 / 2006 Coll., on the implementation of international sanctions, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the implementation of international sanctions
Act No. 69 / 2006 Coll., on the implementation of international sanctions, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 139 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 377 / 2015 Coll., Act No. 298 / 2016 Coll., Act No. 368 / 2016 Coll., Act No. 183 / 2017 Coll. and Act No. 261 / 2021 Coll., are amended as follows:
1.
Subject matter
This law regulates certain obligations in the implementation of international sanctions in order to maintain or restore international peace and security, the fight against terrorism, respect for international law, the protection of human rights and freedoms and the promotion of democracy and the rule of law. In addition, the law regulates certain obligations in the implementation of international sanctions in order to maintain or restore international peace and security, to combat terrorism, to respect international law, to protect human rights and freedoms and to promote democracy and the rule of law, to which the Czech Republic is bound by membership of the United Nations or in the European Union or which it has established under the Sanctions Act. '
2. In Section 2 of the Introductory Part of the provision, the words "the protection of fundamental human rights and the fight against terrorism 'are replaced by the words" the fight against terrorism, respect for international law, the protection of human rights and freedoms, and the promotion of democracy and the rule of law'.
3. In Article 2 (b), the word "or 'is replaced by a comma.
4. In Article 2, at the end of point (c), the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) a decision taken on the basis of the provisions of the Treaty on European Union on the common foreign and security policy; or
(e) a decision by the Government to include it in the national penalty list under the Sanctions Act. ';
5. In Article 3 (c), at the end of the text of point 6, the words "or in the national penalty list under the Sanctions Act 'are inserted.
6. In Article 3, at the end of point (p), the dot is replaced by a semicolon and the following points (q) to (t) are added:
"(q) the public budget of the State Budget, State financial assets, the reserve fund of the State's organisational body, the budget of the State Fund, the National Fund, the budget of the Contributory Organisation, the budget of the Wine Fund, the budget of the legal entity providing support under the law governing the granting of public support, to the extent that such support is provided for, or the budget provided for by a specific law;
(r) public funding, repayable financial assistance from the public budget, other funds from the public budget or investment incentive under the Investment Incentives Act;
(s) the granting of public funds by issuing a decision which, in whole or in part, satisfies the request for public funds, the conclusion of an agreement, a contract or a public contract for the provision of public funds or the payment of public funds;
(t) the disposal or loading, the transfer for use of another or other handling, if it would lead to a substantial change in the composition, use or destination. ';
7. The following shall be inserted after the title of Part Two:
LIMITATIONS OR PROHIBITIONS PROVIDED FOR BY THE LEGAL ACT OF TOWN '.
8. Paragraph 4 (1) reads as follows:
"(1) The restrictions or prohibitions provided for in this Title shall apply to the extent provided for in:
(a) a Government Decree which implies:
1. the Security Council Decision,
2. a common position, a joint action or other measure adopted pursuant to the provisions of the Treaty on European Union on the common foreign and security policy; or
3. a decision taken on the basis of the provisions of the Treaty on European Union on the common foreign and security policy; or
(b) a decision of the Government listing the national penalty list under the Sanctions Act. "
9. in Article 4 (2) (g), the word "or" shall be deleted;
10. In Article 4, at the end of paragraph 2, the dot is replaced by a comma and the following points (i) to (k) are added:
"(i) movement of persons,
(j) the provision of public funds; or
(k) public procurement. ';
11. in Article 4 (3), the words "(a)" shall be inserted after the words "1."
12. in Article 6 (1) (f), 'or' is replaced by ';
13. in Article 6 (1), the following points (g) and (h) are inserted after point (f):
"(g) the conclusion of a public passenger transport service contract under the law governing public passenger transport services in relation to a person or entity subject to international sanctions;
(h) the performance of a public passenger transport service contract under the law governing public passenger transport services in relation to a person or entity subject to international sanctions; or ';
Point (g) shall be renumbered as point (i).
14. in Article 6 (1) (i), the text "f)" is replaced by "h";
15. The following Sections 8a to 8c are inserted after Section 8, including the headings:
Movement of persons
In the field of movement of persons, sanctions may consist of restrictions or prohibitions
(a) residence in the Czech Republic by a person or entity who is a natural person and is subject to international sanctions;
(b) entry into the territory of the Czech Republic to a person or entity which is a natural person subject to international sanctions; or
(c) any activity which would support or could support the activity referred to in (a) or (b).
Provision of public funds
In the field of public funding, sanctions may consist of a restriction or prohibition of:
(a) the provision of public funds to a person or entity subject to international sanctions; or
(b) any activity which would support or could support the activity referred to in (a).
Public procurement
In the field of public procurement, sanctions may consist of restrictions or prohibitions on:
(a) the award of a contract in relation to a person or entity subject to international penalties;
(b) the selection of the proposal in the design contest in relation to a person or entity subject to international sanctions;
(c) the performance of a contract in relation to a person or entity subject to international penalties; or
(d) any activity which would support or could support the activity referred to in points (a) to (c). ";
16. The following shall be inserted after Section 8c:
EXEMPTIONS '.
17. in Paragraph 9 (1), the words "or (e)" shall be added at the end of the text of point (i).
18. In Article 9, paragraphs 3 to 5 are added:
"(3) A repeated request for an exemption referred to in paragraph 1 may be made only if there are grounds which have not yet been applied in the application and which may justify a different outcome of the exemption decision.
(4) The exemption shall not be granted if its provision would be contrary to the foreign policy interest of the Czech Republic or could jeopardise the public order or security of the Czech Republic.
(5) The reasons for the decision referred to in paragraph 3 or 4 shall be given only in the general sense of the fact that no exemption has been granted. ';
19. In Article 10, the sentence "The right to use data under the law governing the right to digital services shall not apply in relation to this notification shall be added at the end of paragraph 1. '.
20. In Paragraph 11 (5) of the introductory part of the provision, the word "issued 'is replaced by the word" transmitted'.
21. in Paragraph 11 (5) (b), the word "issued" shall be replaced by the word "transmitted."
22. The following shall be inserted after the title of Part Four:
PROCEDURES RELATING TO THE PROPERTY TO WHICH INTERNATIONAL SANCTIONS ARE RELATING '.
23. in Article 12 (1) (c), the word "extradition" is replaced by the word "surrender."
24. in Article 12 (1) (e), "Article 13 (3)" is replaced by "Article 13c."
25. in Article 12 (1) (g), the word "issue" shall be replaced by "surrender" and, at the end of the letter, the word "or" shall be deleted. "
26. In Article 12, at the end of paragraph 1, the dot is replaced by "or 'and the following point (i) is added:
"(i) to grant consent pursuant to § 12a (2) or § 13e (1)."
27. In Article 12, the following paragraph 2 is inserted after paragraph 1:
"(2) The Office shall publish the annual part of the decision referred to in points (a) and (h) of paragraph 1 (1), (2) and (4) without undue delay following the acquisition of legal power in a way that allows remote access for a period of 5 years; where publication in a particular case would be contrary to the public interest, manifestly irrelevant or if necessary to protect the legitimate interests of third parties, the Office shall:
(a) postpone publication until such obstacles have ceased to exist;
(b) publish the annual part of the decision in an anonymous form;
(c) it shall not disclose the operative part of the decision if the procedure referred to in (a) or (b) is insufficient; or
(d) the publication of the operative part of the decision shall be terminated. ";
Paragraphs 2 to 8 shall be renumbered paragraphs 3 to 9.
28. In Paragraph 12 (8), the words "upon request 'are replaced by the words" or he who has information on such property at call'.
29. in Paragraph 12 (9), the number "7" is replaced by "8" and the sentence "Order fine levied by the Office" is added at the end of the paragraph.
30. The following Section 12a is inserted after Section 12:
Effects of restrictions or prohibitions on the treatment of property subject to international sanctions
(1) No account is to be taken of any legal action involving the treatment of property subject to international sanctions consisting of the restriction or prohibition of the treatment of such property contrary to such an international penalty.
(2) An asset subject to an international penalty consisting of a restriction or prohibition on the disposal of such property may be handled in public auction or insolvency proceedings only after prior agreement of the Office. The enforcement of a decision or execution of an asset subject to an international penalty consisting of a restriction or prohibition on the disposal of such property may be carried out only after prior agreement of the Office.
(3) Where the Office considers it necessary to achieve the purpose of restricting or prohibiting the treatment of property subject to international sanctions, it shall also inform other authorities or persons who, under specific legislation, have an obligation to register, supervise or otherwise in respect of such property or its owner or holder of such property. At the same time, those authorities or persons shall invite them to notify it immediately if they find that the property is being treated in such a way that the purpose of the restriction or prohibition on handling it is being undermined. Those authorities and persons shall comply with such a call.
(4) The provisions of the Criminal Code on the effects of collateral are without prejudice to paragraph 2 or 3. ';
31. in Paragraph 13 (1), the word "extradition" shall be replaced by "surrender."
32. in Article 13, paragraphs 2 and 3 are deleted;
Paragraphs 4 to 10 shall be renumbered paragraphs 2 to 8.
33. in Article 13 (2), the words "in a separate accounting register and carry out its inventory" shall be replaced by the words "in a conclusive and transparent manner in a separate accounting."
34. in Paragraph 13 (4) (b), the words "State Agricultural and Food Inspection or Czech Trade Inspection" are replaced by the words "Directorate-General for Customs."
35. in Article 13 (6), "7" is replaced by "5."
36. In Paragraph 13 (7), "7 'is replaced by" 5' and "8 'is replaced by" 6'.
37. In the first sentence of Article 13 (8), the words "by decision of the Office on the provisions of the administrator referred to in paragraph 7 or 8 or by a contract concluded in accordance with paragraph 9 shall be replaced by" the property manager has, "the words" or other persons entitled to dispose of the property "shall be inserted after the word" the owner, "and the words" or another person entitled to dispose of the property "shall be added at the end of the text of the first sentence.
38. In the second sentence of Article 13 (8), the words "or other persons entitled to dispose of the property 'shall be inserted after the word" owner'.
39. In the last sentence of Paragraph 13 (8), "5 'is replaced by" 3'.
40. The following Sections 13a to 13c are inserted after Section 13, including the headings:
Possession of property by the customs administration of the Czech Republic
(1) The authority of the Customs Administration of the Czech Republic may, irrespective of the rights of third parties, detain property which, according to a reasonable assumption, could be property subject to international sanctions. The customs authority of the Czech Republic may, for a period of time strictly necessary, also detain the means of transport which transports the property subject to international sanctions.
(2) The customs authority of the Czech Republic shall establish a record or an official record of the detention of the property or means of transport. The same copy of the Protocol or the official record shall be transmitted by the authority of the Customs Administration of the Czech Republic to the person who holds the property or means of transport at the time of detention, provided that he provides the necessary synergies for such transmission.
(3) The customs authority of the Czech Republic shall inform the Office without undue delay of the detention of the property. The Office shall inform the customs administration of the Czech Republic, without undue delay, of the further procedure after a decision has been taken pursuant to § 12.
(4) Authority of the Customs Administration of the Czech Republic detained
(a) the property shall be returned to its owner and, if not known, to the person who has been detained if the Office has determined that it is not property subject to international sanctions under Paragraph 12 (1) (h); and
(b) return the means of transport to its owner and, if not known, to the person who has been detained if the time strictly necessary to detain the means of transport expires.
(5) The issuing of a decision to restrict or prohibit the disposal of property pursuant to Article 12 (1) (a) shall treat the property retained as having been withdrawn under Article 12 (1) (b).
(6) The administration of the withdrawn property is carried out by the authority of the Customs Administration of the Czech Republic, which has detained it, if not for the assets referred to in Paragraph 13 (4), or if the Office has not authorised the administration of the other property.
Exercise of the authority of the Customs Administration of the Czech Republic
The exercise of the authority of the Customs Administration of the Czech Republic pursuant to § 13a is deemed to be the exercise of the tax administration.
Sale of assets
(1) The Office may decide to sell assets subject to international sanctions or parts thereof, provided that:
(a) necessary to cover the costs associated with the management of such property, to the extent necessary;
(b) necessary in order to protect such property from loss, impairment, destruction or other damage, or, where appropriate, for the maintenance of its operation; or
(c) in the public interest protected by this law, by specific legislation or by European Union provisions, where it predominates over the right to the protection of the property of the person concerned.
(2) In the case of the sale of assets subject to international sanctions, or parts thereof, the organisational body of the State shall comply with the specific legislation governing the management of the State property. If the property of the asset manager is managed in accordance with Paragraph 13 (7), the Office shall, in the decision referred to in paragraph 1, delegate to the sale an organisational component of the State according to the nature of the property.
(3) The proceeds of the sale pursuant to the decision referred to in paragraph 1 shall be the property of the owner of the property sold and shall, for the duration of the international sanctions, be the property subject to international sanctions. The proceeds of the sale shall be managed by the Office, unless otherwise specified in the decision referred to in paragraph 1. ';
41. the following Title II is inserted after Section 13c, including the title:
REGISTRATION OF FACTS IN EVIDENCE
Public records and other records
(1) It shall be entered in the public register of legal and natural persons or in the register of trust funds under the law governing the public registers of legal and natural persons and the register of trust funds in relation to the share of a member or member in a commercial corporation, a fissile establishment, a substantial part of the assets of a legal person or a substantial part of the assets of a trust fund which are property subject to international sanctions, restrictions or prohibitions on the disposal of such property.
(2) A public register, a register other than that referred to in paragraph 1 or a public register shall be entered in respect of assets subject to international sanctions, restrictions or prohibitions on the disposal of such property.
(3) The facts referred to in paragraph 1 or 2 may also be entered in a list or register other than the list or register referred to in paragraph 1 or 2 if this results from a written agreement between the Office and the registry administrator. The administrator of the list or register, another public authority which enters data or changes in them, or their authorised user shall inform the Office, in the manner and to the extent provided for in this Agreement, that the subject of the registration has been dealt with in contravention of the registered decision. For this purpose, the registry administrator or registry administrator shall inform the public authority which enters the data or changes in them and any other authorised user of the procedures under this Agreement accordingly.
(4) The public register, public register or other records shall also be entered in the register of facts resulting from the change or cancellation of the facts referred to in paragraph 1 or 2.
(5) An entry in a public register, public register or other register shall be made on the basis of a notification to the Office of the decision giving rise to the recorded facts.
Effects of notification of a decision restricting or prohibiting the treatment of property
(1) Where registration in the public register, public register or public register is necessary for the transfer or for the establishment of a right to property subject to international sanctions, the registration in the public register or in the public register, or in the public register, may be carried out only with the prior agreement of the Office, as from the date of receipt of the notification referred to in Article 13d (5) of the public authority which maintains the public register, the public register or the public register.
(2) Where, before a decision has been taken pursuant to Article 12 (1) (a), an application for the registration of a transfer of ownership or the establishment of a right to property subject to international sanctions has been filed in a public register, register of trust funds or in a public register on the basis of a legal act which infringes this Decision and the application has not yet been definitively decided by the competent authority, the procedure for the application shall be terminated without undue delay after the decision under Article 12 (1) (a) has become final.
(3) Paragraph 1 shall apply mutatis mutandis to the notification of a decision on a provisional measure concerning the prohibition or restriction of the treatment of property subject to international sanctions. ';
42. The following shall be inserted after Article 13e:
PROVISION OF INFORMATION AND PROVISIONS OF THE OFFICE '.
43. In Paragraph 14, the words "and terrorist financing 'shall be added at the end of paragraph 2.
44. In Paragraph 14 (3), "3 'is replaced by" 4';
45. In Paragraph 14, the words "and financing of terrorism 'shall be added at the end of paragraph 4.
46. In Article 14 (5), the words "and financing of terrorism 'shall be inserted after the words" crime'.
47. After Paragraph 14, the following Section 14a is inserted:
Opinion and information on proceedings under this Act
(1) The Central Authority of the State Administration, the Intelligence Service of the Czech Republic, the Police of the Czech Republic or the Czech National Bank shall provide the Office, upon request, with the information or opinion necessary to establish the basis for the decision in accordance with this Act. The police of the Czech Republic will refuse to provide information or opinion if this would jeopardise the performance of their tasks. The transmission of information by the Czech Intelligence Service is governed by the Intelligence Services Act.
(2) The information or opinion necessary to establish the supporting documents for the decision to be taken in proceedings under this Act provided by the Ministry of Foreign Affairs shall be kept separate from the file. "
48. The following shall be inserted after Section 14a:
SURVEILLANCE BY IMPLEMENTATION OF INTERNATIONAL SANCTIONS '.
49. The following shall be inserted after Article 15:
PROTECTION OF INFORMATION '.
50. In Article 16, at the end of paragraph 1, the sentence "The obligation to maintain confidentiality shall not apply to information known to the public or to information which may be entered in a public register, public register or public register under this Act."
51. In Article 16, the following paragraph 3 is inserted after paragraph 2:
"(3) An infringement of the obligation to remain silent shall not constitute a breach of the publication of general information which does not reveal the persons or matters concerned. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
52. in Article 16 (4) (h), the word "or" shall be deleted;
53. In Article 16, at the end of paragraph 4, the dot is replaced by a comma and the following points (j) to (n) are added:
"(j) the administrator of the property management fee;
(k) the administrator of the list or register referred to in Article 13d (3) or the public authority which records the data or changes thereto and the authorised user of that list or register;
(l) the police of the Czech Republic or the Ministry of the Interior for the purposes of the procedure under the Act governing the residence of foreigners in the Czech Republic or the Act governing asylum,
(m) to the Government or the Ministry of Foreign Affairs for the procedure under the Penalties Act; or
Contents
ČÁST PRVNÍ
Čl. I
㤠1
„HLAVA I
㤠8a
§ 8b
§ 8c
„HLAVA II
„HLAVA I
㤠12a
㤠13a
§ 13b
§ 13c
„HLAVA II
§ 13d
§ 13e
„HLAVA III
㤠14a
„HLAVA IV
„HLAVA V
㤠16a
„ČÁST PÁTÁ
HLAVA I
§ 17
§ 17a
§ 17b
§ 17c
§ 17d
§ 17e
§ 17f
HLAVA II
§ 17g
§ 17h
§ 17i
§ 17j
§ 17k
§ 17l
§ 17m
§ 17n
㤠21
㤠21a
§ 21b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
㤠18a
ČÁST ČTVRTÁ
Čl. V
㤠173a
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
㤠48a
㤠261a
ČÁST DEVÁTÁ
Čl. X
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Regulation Information
| Citation | Act No. 240 / 2022 Coll., amending Act No. 69 / 2006 Coll., on the Implementation of International Penalties, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2022 |
|---|---|
| Effective from | 01.09.2022 |
| Effective until | - |
| Status | Valid |
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