Decree of the Federal Ministry of Finance and the State Bank of Czechoslovakia No. 303 / 1992 Coll.
Decree of the Federal Ministry of Finance and the Czechoslovak State Bank implementing the Foreign Exchange Act
Valid
Effective from 01.07.1992
303
DECLARATION
Federal Treasury and Czechoslovak State Bank
of 1 June 1992
implementing the Foreign Exchange Act
The Federal Ministry of Finance and the State Bank of Czechoslovakia, in agreement with the Ministry of Finance of the Czech Republic and with the Ministry of Finance of the Slovak Republic, provides for the Foreign Exchange Act No. 528 / 1990 Coll., as amended by Act No. 228 / 1992 Coll. ("the Act '):
Reporting obligation
(k § 9 of the Act)
(1) The obligation to declare pursuant to § 9 (1) (a), (c) and (d) of the Act shall be fulfilled by the foreign exchange seal - a legal person, no later than the deadline set by the Czech National Bank for the submission of foreign exchange statements. (1a)
(2) The reporting obligation provided for in Article 9 (1) (b) of the Act is to be fulfilled by a foreign exchange pencil - a legal person not later than 60 days after the acquisition of the property abroad. An overview of the income and expenditure associated with such real estate is required to be reported by the foreign exchange seal - a legal person no later than two months after the end of the calendar year.
(3) Announcement obligations under Section 9 (1) (a) of the Act are not subject to cash claims and liabilities not exceeding CZK 500,000 at the time of the occurrence of the cash claim or of the cash obligation.
Discount relief
(to Article 11 of the Act)
The offer obligation under Paragraph 11 (1) of the Act does not apply to foreign exchange assets acquired by a foreign exchange seal - a legal person
(a) by gift or inheritance,
(b) as interest on the foreign exchange account held by the foreign exchange bank.
Article 11 (1) of the Act and Article 11 (5) of the Act do not apply to foreign exchange funds
(a) during their safekeeping in court or notary, 1b)
(b) for the period during which the cash guarantee is lodged in criminal proceedings, 1c)
(c) secured during criminal proceedings. 1d)
The obligation under Article 11 (1) and (2) of the Act does not apply to foreign exchange funds to be paid to foreign exchange residents - a natural person by foreign exchange residents - through a foreign exchange domestic - legal person or natural person - entrepreneurs.
(Paragraph 13a (3) and (4) of the Act)
The Deviza Bank is obliged to sell foreign exchange funds to ensure state defence and security [§ 13a (3) (a) of the Act] to the Ministry of Defence, the Ministry of Interior and the Security Information Service.
Relief from the transfer obligation
(Articles 10, 16 and 24 of the Act)
(1) Foreign exchange seal - a natural person may use an amount paid abroad without a foreign exchange permit to meet his claim against a foreign exchange stranger whose transfer to the country is not possible under foreign law.
(2) A foreign-exchange seal may use an amount paid abroad to meet its foreign-exchange foreign-exchange claim
(a) for the payment of foreign taxes and charges on that variety;
(b) for the payment of demonstrable expenses linked to the management and maintenance of its property abroad, as well as for the payment of current interest and repayment of hypothetical loans agreed in accordance with the law, provided that this amount constitutes a return on that property;
(c) to pay the remuneration and expenses of a foreign legal representation in connection with the application and enforcement of this claim;
(d) to pay deposit fees and expenses paid to a foreign entity for the safekeeping and management of securities to the liability of their income.
(Articles 17 and 19 of the Act)
Foreign exchange seal - a natural person who is a member of a numismatic company or similar company registered under a special regulation (1) is not required to deposit in an exchange account with a foreign exchange bank (§ 17 (1) of the Act)
(a) valid foreign State coins of up to 3 head of the same type, grade and provenance;
(b) valid banknotes and statuses of foreign States at their lowest nominal value issued in quantities of not more than 2 head of the same type, grade and provenance;
even if they exceed the countervalue of the Czech currency referred to in § 17 of the Act.
Contractual take-over and performance by foreign exchange residents - natural person for the benefit of foreign exchange foreigners
(Articles 20 and 23 of the Act)
(1) Foreign exchange seal - a natural person may, without a foreign exchange permit, contractually take over the monetary liability towards an foreign exchange stranger and pay to meet it in his foreign currency or abroad account, in addition to the cases referred to in Article 23 (1) of the Act, if:
(a) contributions from membership of an international non-governmental organisation;
(b) unforeseen expenditure linked to the transport or towing of damaged and crashed motor vehicles from abroad to the Czechoslovak state border;
(c) expenditure on emergency medical treatment abroad and the necessary transport of the patient to the country;
(d) expenditure relating to the death of persons who have died while abroad and their burial abroad, or the transfer of deceased or, where appropriate, their physical remains to the country;
(e) fees and expenses abroad related to the exercise and enforcement of rights and entitlements;
(f) amounts to be paid by the competent foreign authorities for bail and fines;
(g) postal and customs charges paid to the postal service of the country of destination for postal consignments delivered free of charge and levies;
(h) fees for subscribing to discoveries, inventions and designs abroad;
(i) participation fees and fees for applications to participate in international congresses, symposia, exhibitions, shows, competitions and other similar events abroad;
(j) compensation for covering purebred animals abroad;
k) support to foreign exchange foreigners up to CZK 5,000 per year,
(l) expenditure relating to the maintenance of graves abroad.
(2) The amounts of the salaries referred to in paragraph 1 must be furnished by the foreign exchange seal - a natural person.
(3) The amount of the deposit referred to in point (f) must be demonstrated by a foreign exchange seal - a natural person by confirmation of the Czech representative office or Ministry of Foreign Affairs; the necessity and urgency of the aid referred to in point (k) shall be the foreign exchange seal - a natural person required to prove by original documents or certified copies thereof; such documents may be replaced by a foreign exchange seal - a natural person by his or her affidavit.
Export of foreign exchange values
(k § 29 of the Act)
(1) A foreign exchange seal may, without a foreign exchange permit, export foreign securities acquired in accordance with the law.
(2) Foreign exchange seal - a natural person may export foreign exchange means not exceeding the consideration of CZK 2000 sent in postal mail without a foreign exchange permit.
(3) A foreign exchange bank may export valuables in connection with its banking activities without a foreign exchange permit.
(4) A foreign exchange seal may, without a foreign exchange permit, export travel cheques, euro cheques and cheques issued by the foreign exchange bank.
Export and import of Czech currency and other values denominated in Czech currency
(to Article 30 of the Law)
(1) In travel, anyone can export abroad without a foreign exchange permit and import to the country a maximum of CZK 5000 in cash.
(2) The limit provided for in paragraph 1 for passengers may be combined.
(3) The foreign exchange seal providing refreshments and other services related to the carriage for the Czech currency during transport abroad is entitled to import money in the Czech currency obtained by this sale abroad.
(4) The Czech currency can be exported abroad and imported into the country in all denominations.
(5) Securities denominated in the Czech currency can be exported and imported without a foreign exchange permit.
The foreign exchange seal and foreign exchange foreign exchange seal may be exported abroad without the foreign exchange permit except for the amounts referred to in Section 9 of this Order
(a) no more than five annual sets of valid Czech coins,
b) Czech valid commemorative coins in number of two pieces from each value.
[to Paragraph 31 (3) (b) of the Law]
The expression that these are not historical coins is issued by the National Museum in Prague or the Moravian Museum in Brno or the Czech Numismatic Society.
Scope and manner of compliance with legal maintenance obligations abroad
(to Section 32 of the Act)
(1) Foreign exchange seal - a natural person may, without a foreign exchange permit, perform a legal maintenance obligation against a foreign exchange stranger whose amount was not determined by a final judgment or a court-approved settlement, up to a consideration of CZK 2000 per person per month. The conversion of the amount of CZK 2000 shall be carried out at the rate valid on the date of receipt of the request for transfer abroad.
(2) Transfers of maintenance abroad shall be carried out by foreign exchange banks at the request of the foreign exchange domestic to carry out the transfer. The application shall be accompanied by a certificate at least once in a calendar year from the Institute for International Law Protection of Youth (hereinafter referred to as "the Institute ') stating that the legal maintenance obligation for foreign exchange foreign exchange foreigners is maintained and that the conditions laid down in Section 32 (1) (b) of the Act are fulfilled. The Centre shall also confirm the amount of maintenance provided for by a final decision of the court or tribunal.
(to Article 33 of the Law)
The foreign exchange permit shall also not be required to pay demonstrable expenses associated with the management and maintenance of foreign real estate of foreign exchange residents, as well as to pay current interest and repayment of hypothetical loans agreed in accordance with the law, unless the proceeds of such property can be used to pay them.
Participating abroad
(to Article 34 of the Act)
(1) A foreign exchange permit pursuant to Paragraph 34 (1) of the Act is not required to acquire foreign securities under a special rule (4) or to obtain them subsequently from a foreign exchange domestic.
(2) The foreign exchange permit provided for in Article 34 (3) of the Act is not required to transfer foreign exchange securities acquired under paragraph 1 to foreign exchange abroad.
Foreign exchange permission pursuant to § 34 (1) and (3) of the Act is not required to acquire foreign securities for resale to third parties
(a) a foreign exchange bank which, to the extent specified in the authorisation to operate as a bank5) is authorised to trade in foreign securities;
(b) a securities dealer, (6) which is not a foreign exchange bank, to the extent specified in the permission of the Czech National Bank to trade in foreign securities, provided that the authorisation to trade in foreign securities is given to them in an agreement with the Ministry of Finance.
The foreign exchange permit provided for in Section 34 (1) of the Act is not required to acquire foreign exchange securities obtained by inheritance.
(1) For the purposes of applying for authorisation to participate abroad pursuant to Paragraph 34 (1) of the Act, the foreign currency seal shall state:
(a) its name (s), registered office (permanent residence) and subject matter of business (s) if it is an entrepreneur. The legal person and the natural person - the entrepreneur shall indicate his identification number if assigned to him and shall include a certified copy of the extract from the commercial register or a certified copy of the trade licence. The natural person shall indicate his / her birth number,
(b) name (name), registered office (address), business subject and form of participation abroad, 7)
(c) the amount of the capital of the legal person in which the foreign exchange seal has a holding;
(d) the amount of the share of the foreign exchange domestic in foreign exchange foreign exchange abroad, the source of its financing (own resources or loans), the currency and the method of its reimbursement;
(e) calculation of the return on foreign exchange funds incurred by foreign exchange residents on participating assets abroad;
(f) the name (name), the registered office (permanent residence), the object of the foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange currency exchange currency currency foreign exchange foreign exchange foreign currency foreign exchange foreign exchange foreign currency foreign currency currency exchange currency currency foreign exchange foreign currency foreign exchange currency currency currency currency currency foreign currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency currency
(2) Similarly, the foreign exchange seal is proceeding when applying for a change in the amount of the foreign participation.
(3) For the purposes of applying for authorisation to transfer foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange participation, the foreign exchange seal shall state:
(a) its name (s), registered office (permanent residence) and subject matter of business (s) if it is an entrepreneur. The legal person and the natural person - the entrepreneur shall indicate his identification number if assigned to him and shall include a certified copy of the extract from the commercial register or a certified copy of the trade licence. The natural person shall indicate his / her birth number,
(b) the name (name), registered office (permanent residence) and the object of the foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange currency participation in property;
(c) the amount of existing, transferred and resulting equity;
(d) the price at which the holding is transferred and the method of payment;
(e) the reason for the transfer;
(f) the name (s), registered office (s) of the foreign exchange alien to whom the participation is transferred.
This Decree shall take effect on 1 July 1992.
Minister of Finance of the Czech and Slovak Federal Republic:
Doc. Ing. Klaus CSc. v. r.
Governor of the Czechoslovak State Bank:
Ing. Tošovský v. r.
1) Act No. 83 / 1990 Coll., on the association of citizens.
1a) Measure Česká národní banka č. 10, providing for the submission of statements by banks and branches of foreign banks České národní banka, and measure Česká národní banka č. 11, providing for the submission of statements by persons other than banks Česká národní banka, published in the Journal of the Czech National Bank č. 23 / 1993.
1b) Paragraph 352 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended (full version No. 240 / 1993 Coll.). § 85 of ČNR Act No. 358 / 1992 Coll., on notaries and their activities.
1c) § 73a of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended (complete version No. 69 / 1994 Coll.).
1d) § 47, 78, 79 and 347 of the penal order.
2) § 45 of Act No. 22 / 1992 Coll., on the State Bank of Czechoslovakia.
3) Act No. 119 / 1990 Coll., on Judicial Rehabilitation. Ordinance of the Government of the Czech and Slovak Federal Republic No. 532 / 1990 Coll., on the issue of government bonds to pay claims on compensation granted under Act No. 119 / 1990 Coll., on judicial rehabilitation.
4) In particular Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended.
5) Act No. 21 / 1992 Coll., on Banks, as amended.
6) Paragraph 45 (1) of the ČNR Act No. 591 / 1992 Coll., on securities.
7) Article 34 (2) of Act No. 528 / 1990 Coll., Foreign Exchange Act, as amended by Act No. 228 / 1992 Coll. (full version No. 457 / 1992 Coll.).
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance and the State Bank of Czechoslovakia No. 303 / 1992 Coll., implementing the Foreign Exchange Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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