Decree No. 300 / 2024 Coll.
Ordinance on Personnel Security and Safety Capability
Valid
Order
Effective from 01.01.2025
300
DECLARATION
of 7 October 2024
on personnel safety and safety competence
The National Security Authority shall determine, pursuant to § 7 (3), § 9 (8), § 64, § 85 (7) and § 135 (a) to (c), (e) and (g) to (j) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended by Act No. 255 / 2011 Coll. and Act No. 267 / 2024 Coll., hereinafter referred to as "the Act":
Models in the area of personnel security
(1) The model of the declaration by a natural person of incapacity under Article 7 of the Act is set out in Annex 1 to this Decree.
(2) The template for the notification of compliance with the conditions for access to classified information is set out in Annex 2 to this Decree.
(3) The model of the lesson provided for in Sections 9 (1) and 11 (2) of the Act is set out in Annex 3 to this Decree.
(4) The model of the application of a natural person under Paragraph 94 (1) of the Act is set out in Annex 4 to this Decree.
(5) The model of the natural person questionnaire under Section 95 of the Act is set out in Annex 5 to this Decree.
(6) The model of the certificate of a natural person under Section 54 (2) of the Act is set out in Annex 6 to this Decree.
(7) The model of the application for a certificate of a natural person for a foreign power pursuant to Paragraph 57 (2) of the Act is set out in Annex 7 to this Decree.
(8) The model of the application for recognition of the security authorisation of a natural person under Section 62 (2) of the Act is set out in Annex 8 to this Decree.
(9) The model of the lesson provided for in Section 58 (5) of the Act is set out in Annex 9 to this Decree.
(10) The model of the declaration of non-disclosure pursuant to § 94 (2) (e) of the Act is set out in Annex 10 to this Decree.
Model for safety competence
(1) The model of the application for the document referred to in Article 99 (1) of the Act is set out in Annex 11 to this Decree.
(2) The model of the declaration of non-compliance provided for in Article 99 (2) (c) of the Act is set out in Annex 10 to this Decree.
(3) The model of the questionnaire provided for in Section 100 of the Act is set out in Annex 5 to this Decree.
(4) The model of the document on the safety competence of a natural person under Section 85 of the Act is set out in Annex 12 to this Decree.
Justification of a request by a natural person under Paragraph 94 (1) of the Act
The reasons for the request of a natural person shall include:
(a) the functions or activities in the context of a service or employment relationship, a member or a similar relationship, the exercise of which is strictly necessary to have access to classified information; and
(b) the highest level of classified classified information to which the natural person will have access.
Justification for the need to access classified information pursuant to § 94 (2) (f) of the Act
(1) The justification for the need for access to classified information shall include:
(a) the name, surname and date of birth of the natural person;
(b) the confirmation by the responsible person or the Security Director of the person who provides the classified information to the natural person of the need for access to the classified information, including the designation of a specific location or function provided for in Article 69 (1) (b) of the Act and the inclusion of that position or function in that inventory; and
(c) the specification of classified information from the catalogue of classified information fields already provided or generated at the site or in office and of classified information to be provided or may be generated there.
(2) A model to justify the need for access to classified information pursuant to § 94 (2) (f) of the Act is set out in Annex 13 to this Decree.
Justification of the application for a document under Section 99 (1) of the Act
The reasons for the application for a document shall include:
(a) sensitive activities to be carried out by a natural person on the basis of a document issued; and
(b) the provision of another law under which a sensitive activity will be carried out.
Justification for carrying out a sensitive activity under Section 99 (2) (f) of the Act
(1) The justification for carrying out a sensitive activity shall include:
(a) the name, surname and date of birth of the natural person;
(b) a description of the specific position or function relating to the exercise of a sensitive activity by a natural person;
(c) confirmation of the reasons for the application for a document issued by the responsible person or by a person authorised by him with whom the conduct of the sensitive activity will be carried out, or of the person who allows the natural person to carry out the sensitive activity; the content of such confirmation shall always be the indication of the trading firm or the name of the legal person, of the natural person involved or of the authority of the State whose responsible person or the authorised person has confirmed the reason for the request for the document.
(2) The model for the justification for the conduct of sensitive activities under § 99 (2) (f) of the Act is set out in Annex 14 to this Decree.
Documents attached to a request from a natural person and to a request for a document
(1) A natural person shall attach to a request from a natural person pursuant to Article 94 (2) (b) of the Act or to a request for a document pursuant to Article 99 (2) (b) of the Act documents confirming the income referred to in the application for the last 10 years if for one type of income they exceed CZK 100 000 per calendar year and if such income is not subject to tax, the tax shall be levied on it by means of a deduction, shall not be liable to tax or shall not be obliged to lodge a tax declaration (1) or a fiction shall be given; the amount of income shall be reported after deduction of taxes, fees and other similar cash benefits, including social security premiums and public health insurance premiums.
(2) The documents referred to in paragraph 1 may be submitted by a natural person in a copy.
(3) Paragraph 8 (1) shall apply mutatis mutandis for the manner and form of submission of the documents referred to in paragraph 1.
Method and form of submission of applications and notification of changes
(1) A request from a natural person and a request for a document, including its annexes, with the exception of a questionnaire from a natural person and a questionnaire pursuant to Article 100 of the Act, and a request pursuant to Article 57 (2) of the Act
(a) in paper form; or
(b) in electronic form:
1. by delivery to the data box of the National Security Office (the Office),
2. by means of an online service using the means of a qualified electronic identification system; or
3. to the electronic address of the Office using a recognised electronic signature.
(2) The questionnaire of a natural person, the questionnaire under Article 100 of the Act and the notification of amendments pursuant to Article 9 are submitted in electronic form in the format set out on the Office's website
(a) by delivery to the Office's data box;
(b) through an online service using the means of a qualified electronic identification system;
(c) to the electronic address of the Office using a recognised electronic signature; or
(d) on the technical data carrier.
(3) The electronic form of the models listed in Annexes 1 to 5, 7 to 11, 13 and 14 to this Decree is available on the Office's website.
Limitation of the scope of notification of data changes
(1) A natural person who has made an application for a natural person, a natural person who has made a request for a document or a natural person holding a certificate issued by a natural person or document shall, within the scope of the items of the questionnaire of a natural person listed in Annex 5 to this Office Decision, notify only:
(a) change of address for service;
(b) the change of employer;
(c) acquisition of immovable property situated outside the Czech Republic;
(d) the creation of liabilities, the nominal value of which, individually or in total, exceeds CZK 100,000 or five times its average monthly income after deduction of taxes, fees and other similar cash transactions, including social security and public health insurance premiums, depending on which amount is higher, only if the obligation arises between natural persons or from a contract concluded with a legal person who is not a consumer credit provider under the Consumer Credit Act;
(e) treatment related to the use of alcohol, the use of narcotic drugs or psychotropic substances or to participation in gambling; or
(f) a change in health and other professional data.
(2) A natural person who has made an application for a natural person or a natural person holding a certificate issued by a natural person shall notify:
(a) the conclusion of a marriage or registered partnership and the extension of a circle of persons over 18 years of age living in the household to the extent of the items of the natural person's questionnaire;
(b) the fact that the person of the spouse or person over 18 years of age, as indicated in the questionnaire of the natural person, no longer lives in the same household with the natural person.
(3) The natural person referred to in Paragraph 140 (1) (a) of the Act shall, in addition to the information referred to in paragraphs 1 and 2, notify the intelligence service of:
(a) a change of membership or, where appropriate, of office in the association, foundation, institute and community service;
(b) the acquisition or disposal of a movable item the value of which exceeds CZK 100,000 or five times its average monthly income after deduction of taxes, fees and other similar cash benefits, including social security premiums and public health insurance premiums, whichever is the higher;
(c) the acquisition or disposal of immovable property, unless notified under paragraph 1 (c);
(d) the creation of commitments whose nominal value, individually or in total, exceeds CZK 100,000 or five times its average monthly income after deduction of taxes, fees and other similar cash benefits, including social security premiums and public health insurance premiums, whichever is higher, unless notified under paragraph 1 (d);
(e) the formation of claims whose nominal value, individually or in total, exceeds CZK 100,000 or five times its average monthly income after deduction of taxes, fees and other similar cash benefits, including social security contributions and public health insurance premiums, whichever is the higher,
(f) an exceptional instalment of the undertaking, exceeding the value of CZK 100,000 or five times its average monthly income after deduction of taxes, fees and other similar cash transactions, including social security and public health insurance premiums, whichever is the higher,
(g) the enforcement order; or
(h) the opening of criminal proceedings, including an indication of when and by whom it was initiated and on what grounds.
Repeal
They shall be deleted:
1. Decree No. 363 / 2011 Coll., on Human Safety and on Safety Capability.
2. Decree No. 415 / 2013 Coll., amending Decree No. 363 / 2011 Coll., on Personnel Security and Safety Capability.
3. Decree No. 400 / 2016 Coll., amending Decree No. 363 / 2011 Coll., on Personnel Security and Safety Eligibility, as amended by Decree No. 415 / 2013 Coll.
4. Decree No. 12 / 2022 Coll., amending Decree No. 363 / 2011 Coll., on Personnel Security and Safety Eligibility, as amended.
Efficacy
This Decree shall take effect on 1 January 2025.
Director:
Mgr. Čureín v. r.
Příloha č. 1
Annex No 1
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Annex No 2
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Annex No 3
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Annex No 4
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Annex No 5
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Annex No 6
Příloha č. 7
Annex No 7
Příloha č. 8
Annex No 8
Příloha č. 9
Annex No 9
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Annex No 10
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Annex No 11
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Annex No 12
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Annex No 13
Příloha č. 14
Annex No 14
1) For example § 38g (2) of Act No. 586 / 1992 Coll., on Income Tax, as amended.
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Regulation Information
| Citation | Decree No. 300 / 2024 Coll., on Personnel Security and Safety Capability |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.10.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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