Act No. 248 / 2011 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
Valid
Law
Effective from 30.06.2012
Zobrazeno prvních 200 z celkem 278 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
248
THE LAW
of 20 July 2011
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 (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, 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., Act No. 41 / 2009 Coll., Act No. 220 / 2009 Coll., and Act No. 227 / 2009 Coll., is amended as follows:
1. in Paragraph 2 (1) (a), the words' abroad, including exports to other Member States of the European Union 'shall be replaced by' other than a Member State of the European Union ';
2. in Article 2 (1) (b), the words "from abroad, including imports from other Member States of the European Union" shall be replaced by the words "from a Member State other than that of the European Union";
3. In Article 2 (1), the words "as regards trade in military material in relation to non-European Union Member States' shall be added at the end of the text in point (c).
4. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (d) is added:
"(d) transfer of military material within the European Union."
5. In Article 3 (1) (c), the words "humanitarian aid or 'are replaced by the words" humanitarian or development aid or'.
6. In Article 3 (1) (c), the words "or gift to a representative of another State 'shall be inserted after the words" including re-importation'.
7. In Article 6 (1), the words "or an undertaking natural person in the cases provided for in this Act (hereinafter referred to as" natural person ") 'shall be inserted after the words" (hereinafter referred to as "legal person') 'and the words" authorisation shall not be required if the trade in military material is carried out by the Ministry of Defence or the Ministry of Interior under the conditions set out in Section 12a'.
8. In Article 7 (1) of the Introductory Part of the provision, the words "to a legal person 'shall be inserted after the words" issued'.
9. In Article 7, the following paragraph 3 is added:
"(3) The permit may be issued to a natural person who is a citizen of the Czech Republic who is resident in the Czech Republic and fulfils the conditions set out in paragraph 1 (b) (1), (4), (5) and (6) and paragraph 1 (c) and (d). '.
10. the words "or physical" shall be inserted after the word "legal."
11. in Article 8, the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) the conduct of trade in military material by a natural person holding an authorisation."
12. in Article 9 (1) (a), the word "registered office" shall be replaced by the words "address of the registered office" and, at the end of the text of the letter, the words "name, surname, address of the place of business, address of place of permanent residence and birth number where the applicant for authorisation is a natural person" shall be added.
13. in Paragraph 9 (1) (b), "permanent residence" is replaced by "address of the place of permanent residence."
14. in Article 9 (1) (d), the words "legal person" shall be deleted;
15. in Article 9 (1) (e), the words "and the period of validity of authorisations requested" shall be deleted;
16. in Article 9 (2) (b), the words "business register" are replaced by the words "business register or other similar register."
17. in Paragraph 9 (2) (d), the words "the word" and "shall be deleted after the words" where a procura is awarded, and at the end of the text of the letter the words "and the natural person requesting authorisation" shall be added.
18. in Paragraph 10 (1) (a), the words "or the name, surname, place of business, permanent residence and birth number of a natural person" shall be inserted after the words "legal person," and the word "already" shall be deleted.
19. in Article 10 (1), point (e) is deleted;
Point (f) shall be renumbered as point (e).
20. In Paragraph 10 (2), the words "or physical 'shall be inserted after the words" Legal'.
21. in Article 11 (2), "(d)" is replaced by "(c)";
22. in Article 12 (2), the words "or other similar" shall be inserted after the word "commercial."
23. § 12a reads:
(1) Trade in military material consisting of its purchase or import may be carried out on behalf of the Czech Republic by the Ministry of Defence or by the Ministry of Interior, to the extent that the performance of its tasks is ensured.
(2) The Ministry of Defence or the Ministry of Interior shall issue licence certificates instead of licence upon submission
(a) an application for a licence certificate containing:
1. the designation, name and registered office of the State's organisational body;
2. the name, names, surnames and birth numbers of persons authorised for the Ministry of Defence or the Ministry of Interior to act;
3. the description of the contract concluded, which is a condition for the execution of the transaction;
4. the name of the State from which the military material is to be imported;
5. name of military material as specified in the Military Goods Controls, its quantities, registration or production numbers, if assigned;
6. the number or, where applicable, the heading or subheading of the Combined Nomenclature 3a),
7th contract price per unit of quantity of military equipment in CZK and total price in CZK,
8. the estimated period during which the transaction can be executed under the contract concluded;
9. Other data relating to the specific trade in military material,
(b) contracts concluded for trade in military material;
(c) the end-use document of military material referred to in Article 15 (5).
(3) The licence certificate shall contain the information referred to in paragraph 2 (a). ';
24. in Article 13 (1), the words "for a natural person by his death" shall be added at the end of the text of point (a).
25. in Paragraph 13 (1) (b), the words "or physical" shall be inserted after the words "legal."
26. in Article 13 (1), point (c) is deleted;
Points (d) to (f) shall be renumbered (c) to (e).
27. in Article 13 (1) (c) (2), the words "or physical" shall be inserted after the word "legal."
28. in Article 13 (1) (d), the words "or physical" shall be inserted after the word "legal" and the comma shall be replaced by a dot at the end of the letter.
29. in Article 13 (1), point (e) shall be deleted;
30. In Article 13 (2), the words "or the death of a natural person" shall be inserted after the word "legal person."
31. After the title of Part Three, the title of the first title shall be inserted, including the title:
LICENCES FOR THE IMPLEMENTATION OF FOREIGN TRADE WITH MILITARY MATERIALS '.
32. in Paragraph 14 (2), "§ 2 (1) or (2)" is replaced by "§ 2 (1) (a) to (c) or § 2 (2)";
33. Paragraph 14 (3) is deleted.
34. Paragraph 14 (4) is deleted.
35. in Article 15, paragraph 4 is deleted;
Paragraphs 5 to 7 shall be renumbered paragraphs 4 to 6.
36. In Article 15 (4), the words "at the end of the text referred to in point (b) shall be added; in the case of military material imported under a transfer licence in accordance with the second subparagraph to which the export restriction relates, the declaration by the applicant that he has complied with the conditions set out in the export restriction and the relevant evidence of the consent of the competent authority of the Member State of origin of the military material '.
37. in Paragraph 15 (5) of the introductory part of the provision, the words "paragraph 5" are replaced by the words "paragraph 4."
38. in Article 16 (2), the third sentence is deleted;
39. Paragraph 16 (4) is deleted.
Paragraph 5 shall become paragraph 4.
40. In Article 19, the following paragraph 2 is inserted after paragraph 1:
"(2) Where this is the case for the reasons referred to in paragraph 1, point (b) shall apply. (b) necessary, the Ministry may, on a proposal from the institution concerned, suspend the use of the licence for the period strictly necessary. Decomposition against the decision to suspend the licence shall not have suspensory effect. If the reasons referred to in the first sentence are omitted and there is no reason to proceed in accordance with paragraph 1, the Ministry shall, on a proposal from the institution concerned, revoke the decision to suspend the licence. ';
Paragraph 2 shall become paragraph 3.
41. in Article 19 (3), the words "or 2" shall be inserted after the words "paragraph 1," and the words "or suspension" shall be inserted after the words "withdrawal."
42. the following Title is inserted after Section 22:
LICENCES FOR THE TRANSFER OF MILITARY MATERIALS INCLUDING THE EUROPEAN UNION AND CERTIFICATIONS
Definitions
For the purposes of licensing the transfer of military material within the European Union under this Title:
(a) transfer of any transfer of military material from a supplier in one Member State of the European Union (hereinafter referred to as "Member State") to a consignee in another Member State;
(b) the supplier is a legal or natural person who has been authorised and is responsible for the transfer;
(c) the beneficiary is a legal or natural person established in a Member State who is responsible for receiving the transfer;
(d) the transfer licences authorised by the supplier to transfer military equipment to the consignee in another Member State;
(e) the general licence of the supplier's authorisation to carry out the transfer if it fulfils the conditions set out in Paragraph 22b.
General licence
(1) A legal or natural person authorised shall be entitled to make transfers where:
(a) the beneficiary is part of the armed forces of a Member State or is a contracting authority which makes purchases exclusively for the armed forces of a Member State;
(b) the beneficiary is a legal or natural person certified under the relevant legislation of the Member State which incorporates the European Union provision for simplifying the terms of transfers of military material3c);
(c) the transfer is carried out for the purpose of demonstrating samples of goods, evaluations or exhibitions; or
(d) the transfer is carried out for the purpose of maintenance or repair of military equipment.
(2) In the case where the general licence referred to in paragraph 1 (b) is used. (b) a certified beneficiary infringes the conditions of certification or could be affected by public policy, security or protection of the population, the Ministry shall decide to suspend the transfer to that beneficiary. The Ministry shall inform the competent authorities of the other Member States and the European Commission of the decision taken.
(3) General licences referred to in paragraph 1 (b) (c) it shall cover the provision of information in training, lectures or seminars, research, development, construction, design work and production activities, transfers of military material during demonstration, presentation, exhibitions and fairs, testing, testing, testing, participants in competitions and market research. A general licence does not entitle suppliers to sell, donate or re-export to countries outside the European Union. If the object of the transfer is not fully consumed or otherwise degraded during demonstration or exhibition, it must be returned to the Czech Republic.
(4) The general licence referred to in paragraph 1 (d) applies to:
(a) the transmission of experts and the transfer of military material in activities related to the production, modification, installation, defect, repair, maintenance, service, complaints, training and training of operators, use and control of military equipment;
(b) a transfer of military material which is subject to maintenance and repair to carry out contracted activities. In the case of non-repairability, a defective piece of military material may be replaced with a new one, but the total number of pieces of military material shall be retained. The subject of maintenance and repair must return to the Czech Republic at the time specified in the contract with the beneficiary.
(5) A supplier intending to export military material from the Czech Republic on the basis of a general licence is obliged to register with the Ministry before making the first transfer. They shall notify the Ministry in writing
(a) the type of general licence referred to in paragraph 1 (a) to (d) which it intends to use and the period of its use;
(b) their identification details
1. in the case of a natural person, the name, surname, date of birth and address of the place of permanent residence in the Czech Republic; if the undertaking is a natural person, it shall also indicate the address of the place of business and the identification number, if assigned;
2. in the case of a legal person, the business firm or the name and registered office of the legal person, the identification number, if any, and the subject matter of the business.
(6) Upon request by the Ministry, the supplier shall submit, without delay and within 15 days at most, the data referred to in paragraph 7 on transfers made under this general licence.
(7) For the general licence referred to in points (a) and (b) of paragraph 1, the supplier shall keep the details of transfers made for a period of 10 years after the transfer takes place. The particulars shall include:
(a) the name, business name or address of the consignee;
(b) a detailed description of the military material, indicating the amount of items and the total price;
(c) a document evidencing a closed contractual relationship;
(d) end-use proof;
(e) confirmation by the consignee that he has been informed in advance of all transfer conditions; the certificate shall contain a specification of these conditions.
(8) The supplier shall be for the general licence referred to in paragraph 1 (b). (b) be obliged to verify before the first transfer that the transferee is certified under the relevant legislation of the beneficiary Member State.
(9) The supplier shall provide, for the general licence referred to in paragraph 1 (a) and (b), before the transfer takes place, a final use document certified by the consignee in the Member State of transfer. The end-use document shall not be more than 12 months old and shall contain:
(a) the name of the Member State in whose territory the place of supply of military material is,
(b) the name of the issuing authority;
(c) the business name or name of the firm or the name or names, if any, and the surname and address of the applicant's registered office or place of business;
(d) a precise description of the military material, in particular its quantity, characteristics and value;
(e) the date of issue; and
(f) an anti-re-export clause.
(10) The supplier shall inform the Ministry by the 10th day of the month following the end of the half-year of transfers made under this general licence.
(11) Prior to each transfer, the supplier shall draw up an overview of the composition of the supply containing the inventory of the transferred goods, indicating the name, number, type (production, registration) marking and the price of the military material accompanying the consignment.
(12) Any changes to the registration data shall be communicated by the supplier to the Ministry within 15 days of the date on which they become aware.
(13) The Ministry shall publish a list of suppliers using a general licence in a way that allows remote access.
Summary licence
(1) A legal or natural person authorised shall be entitled to carry out, on the basis of a summary licence, transfers to several beneficiaries in one or more Member States.
(2) The application for a global licence shall contain:
(a) the authorisation number for the conduct of trade in military material;
(b) the number or, where applicable, the heading or subheading of the Combined Nomenclature of the Customs Tariff,
(c) definition of military material as specified in the Military Goods Controls;
(d) the proposed period of validity of the licence,
(e) the name of the Member States to which the transfer of military material is to be carried out; and
(f) the definition of recipients and end-users of military equipment.
(3) The Ministry shall decide on the application for a summary licence within 30 days of its receipt. Paragraph 16 shall apply mutatis mutandis to the fact that the binding opinion of the Ministry of Foreign Affairs is not required. The summary licence shall be granted for a period of 3 years.
(4) The decision to grant a global licence, in addition to the general requirements, contains:
(a) the authorisation number for the conduct of trade in military material;
(b) definition of military material as specified in the Military Goods Controls;
(c) definition of recipients and end-users of military equipment;
(d) the date, place of issue and duration;
(e) any other safety conditions.
Individual licences
(1) The legal or natural person authorised shall be entitled to carry out the transfer on the basis of an individual licence to one specific beneficiary.
(2) The application for an individual licence shall contain:
(a) the authorisation number for the conduct of trade in military material;
(b) the number or, where applicable, the heading or subheading of the Combined Nomenclature of the Customs Tariff,
(c) specification of military material with its name in the list of military material and quantities;
(d) the proposed period of validity of the licence,
(e) the name of the Member State to which the transfer, business or name and registered office is to be carried out, or the name or, where appropriate, the name, surname and place of business of the consignee.
(3) The Ministry shall decide on the application for an individual licence within 30 days of its receipt. Paragraph 16 shall apply mutatis mutandis to the fact that the binding opinion of the Ministry of Foreign Affairs is not required.
(4) The decision to grant an individual licence, in addition to the general requirements, contains:
(a) the number and name of the item under the Combined Nomenclature of the Customs Tariff;
(b) the name of the military material as specified in the Military Goods Controls and its quantity;
(c) the name of the Member State in whose territory the registered office, place of business or residence of the consignee is situated;
(d) the date, place of issue and duration of the licence;
(e) any other security conditions of the licence.
Common provisions on licences for the transfer of military equipment within the European Union
(1) Paragraph 16 to 19 shall apply mutatis mutandis for the purposes of this Title, unless otherwise provided for in this Title.
(2) Licences under this Title are not subject to transfers of military material, unless:
(a) the supplier is the Ministry of Defence or the Ministry of Interior; or
(b) the transfer is necessary for the application of the cooperative arms programme between Member States.
Certification
(1) Certification is a procedure whereby the Ministry ascertains the reliability of the recipient as regards his ability to comply with the export restrictions of military equipment on the basis of a transfer licence from another Member State.
(2) Compliance with the established requirements is confirmed by issuing a certificate of reliability of the beneficiary (hereinafter referred to as the certificate).
Conditions for issuing a certificate
(1) The condition for issuing the certificate is that the applicant:
(a) holds a valid permit for foreign trade in military material;
(b) it places on the market, under its own name or trademark, military material or components or systems and military material subsystems;
(c) make use of military material accepted on the basis of general transfer licences for its own production and refrain from re-transfer or export, except for maintenance or repair, and undertake to do so in writing;
(d) demonstrate the reliability referred to in paragraph 3.
(2) The application for a certificate shall state:
(a) the name and address of the firm or the name and, where appropriate, the name and address of the applicant;
(b) the applicant's identification number;
(c) the addresses of the production units, if any,
(d) the name of the manager as personally responsible for transfers and exports.
(3) The application for the issue of a certificate for the purpose of assessing reliability must be supported by:
(a) appropriate evidence of adequate experience in the field of military material management activities, in particular with regard to compliance with export restrictions, authorisation to manufacture or market military material and the employment of experienced management personnel, documentation of relevant industrial activities in the field of military material, in particular the ability to install systems or subsystems;
(b) a written undertaking by the applicant, signed by the authorised person, to take all necessary steps to comply with and enforce all specific conditions for the end-use and export of each particular component or product accepted;
(c) a written undertaking by the applicant, signed by the authorised person, to provide the competent authorities with due care with detailed information concerning the end-users or the end-use of all products by the undertaking exported, transported or accepted under a transfer licence from another Member State;
(d) a description of the internal programme of compliance with the legal standards or the transfer and export management system applied in the undertaking, signed by the authorised person; the description shall include detailed information on the organisational, human and technical resources allocated to the management of transfers and exports, the chain of responsibility in the structure of the undertaking, internal audit procedures, the raising of information and training of staff, measures to ensure physical and technical security, record keeping and traceability of transfers and exports.
(4) The model for the application for the issue of a certificate is laid down in the implementing legislation.
Issue of certificate
(1) The Ministry will assess whether the applicant fulfils the conditions for issuing the certificate and will seek binding opinions from the authorities concerned, which are:
(a) Ministry of the Interior in terms of public order, security and protection of the population;
b) Ministry of Defence in terms of defence security of the Czech Republic,
(c) the Directorate-General for Customs with regard to compliance with import and export measures.
(2) A binding opinion shall be delivered by the authority referred to in paragraph 1 within 20 days of receipt of the copy of the application; a binding opinion shall include the consent or disagreement of the authority concerned with the issue of the certificate.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 248 / 2011 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 | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2011 |
|---|---|
| Effective from | 30.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0