Act No. 323 / 2016 Coll.
Act amending certain laws in the field of money circulation and foreign exchange management and repealing Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended
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Effective from 18.10.2016
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18.10.2016
03.10.2016
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323
THE LAW
of 6 September 2016
amending certain laws in the field of money circulation and foreign exchange management and repealing Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the law on circulation of banknotes and coins
Act No. 136 / 2011 Coll., on the circulation of banknotes and coins and amending Act No. 6 / 1993 Coll., on the Czech National Bank, as amended, as amended, Act No. 254 / 2012 Coll. and Act No. 278 / 2013 Coll., is amended as follows:
1. in Paragraph 2 (4) (d):
"(d) the domestic banknote is not normally damaged,
1. which is burnt or greased,
2. which is dyed or discoloured, unless there is slight damage not to further circulation,
3. which is damaged by hygienically defective material,
4. which is damaged in such a way that it is not possible to verify its authenticity,
5. which is damaged by an anti-theft device,
6. which consists of more than 2 parts,
7. the pattern of which is illegible, deformed, perforated as a result of official deterioration or officially reprinted by writing;
8. whose area is less than or equal to 50%; or
9. which lacks the whole upper or lower edge, '.
2. in Article 2 (5) (c):
"(c) the domestic coin is not normally damaged,
1. which is cut,
2. which is made of several parts the individual parts of which are separated,
3. which is damaged by an anti-theft device,
4. whose pattern or relief is illegible; or
5. whose shape is deformed, '.
3. In Article 5 (3), the second sentence is deleted.
4. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) He who accepts domestic banknotes or coins as a performance of his own claim may not seek payment for their acceptance."
Paragraph 4 shall become paragraph 5.
5. In the first sentence of Article 7 (3), the words "casino operators' are deleted.
6. In Article 9, the following paragraph 3 is added:
"(3) The implementing legislation lays down the procedure for the retention of non-standard damaged banknotes and coins, the procedure for their transmission to the Czech National Bank and the formalities for confirmation of the detention of non-standard damaged banknotes or coins."
7. In the second sentence of Paragraph 10 (3), the words "in exceptional and 'are replaced by the words" in' and the words "life or 'are deleted.
8. In Paragraph 10, the following sentence is added at the end of paragraph 4: "If the applicant fails to pay the refund, the Czech National Bank shall retain it and record it in a separate account. If those who have been detained for non-standard damage to domestic banknotes or coins, or those who have applied for a refund, do not submit for reimbursement or reimbursement within 3 years of the date of their detention or application for reimbursement, the amount corresponding to their nominal value shall be the Czech National Bank."
9. in Paragraph 10, the following paragraph 5 is inserted after paragraph 4:
"(5) For a period of 15 years, the Czech National Bank has kept records of persons who have submitted, entered into a non-anonymous facility, or detained non-standard damaged domestic banknotes and coins, separately from data on non-standard damaged domestic banknotes and coins. The record shall include identification data of these persons, data on detainees of non-standard damaged domestic banknotes and coins and data relating to the circumstances of detention of such non-standard damaged domestic banknotes and coins. Personal data from the register may be further processed only for the purposes of criminal investigation and detection. ';
Paragraph 5 shall become paragraph 6.
10. In Title II, in the title of Part 3, the word "self-service 'shall be inserted after the word" via'.
11. in § 11 (1) and (2) of the introductory part of the provision, the word "Technical" is replaced by "Self-service technical."
12. In Section 11 (2) of the Introductory Part of the provision, the words "credit institution 'are replaced by the words" payment service provider'.
13. in Article 11 (2) (c), the words "suspicious banknotes and" are replaced by the words "suspicious banknotes, reject suspects."
14. In Section 11, the following paragraph 4 is added:
"(4) Paragraphs 1 and 2 are without prejudice to the requirements laid down in the directly applicable European Union5 Regulation) for the operation of anonymous devices and non-anonymous devices receiving euro banknotes or coins and for the retention of euro banknotes or coins by such devices.
5) Council Regulation (EC) No 1338 / 2001, as amended by Council Regulation (EC) No 44 / 2009. Council Regulation (EC) No 1339 / 2001, as amended by Council Regulation (EC) No 45 / 2009. '
15. in Paragraph 12 (2) of the introductory part of the provision, the words "casino operator" shall be deleted;
16. in Article 12 (2) (c) and (e), "without delay" shall be replaced by "without undue delay."
17. In the second sentence of Paragraph 12 (3), the words "and for the Customs Administration of the Czech Republic in the procedure of the Customs Administration of the Czech Republic" are deleted and at the end of paragraph 3, the sentence "Paragraph 2 (c) to (e) applies mutatis mutandis to the Customs Administration of the Czech Republic in the procedure of the Customs Administration of the Czech Republic."
18. In the first sentence of Article 12 (4), the words "suspicious banknotes' shall be inserted after the words" or were '.
19. In the first sentence of Article 12 (5), the word "longest 'shall be deleted and the words" inserted into non-anonymous equipment or detained' shall be replaced by the words "detained or suspected banknotes placed into non-anonymous equipment '.
20. In Article 12 (5), the sentence "The records shall contain the identification data of these persons, the data on the suspected banknotes and coins retained and the data relating to the circumstances of the detention of these suspected banknotes and coins' shall be inserted after the first sentence.
21. In Article 13 (2), the words "or to be reimbursed for them by paying them in cash, transferring them to, or crediting them to, the account referred to therein 'shall be deleted and the sentence" The Czech National Bank may provide compensation for suspected domestic banknotes and coins held by the Czech National Bank in such a way that the amount corresponding to their nominal value is paid in cash, transferred to or credited to them by the Czech National Bank.'
22. In the second sentence of Paragraph 13 (3), "5 'is replaced by" 3'.
23. In Article 13, the following paragraph 4 is added:
"(4) If the suspected domestic banknotes or coins are shown to be genuine but not normally damaged, the Czech National Bank will detain them without compensation."
24. In Section 14, the words "or sold 'and the last sentence are deleted.
25. In Paragraph 14, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Substantial or intangible reproductions of domestic or foreign banknotes or coins and objects imitating them by modification may only be sold, imported, preserved or disseminated if they meet the technical criteria laid down in the implementing legislation or the directly applicable European Union Regulation on medals and tokens similar to euro coins (4). ';
26. In Article 16, the following paragraph 4 is added:
"(4) Paragraph 1 (b) shall not apply where an international contract, which is part of the legal order, implies an obligation to allow an applicant established outside the Czech Republic to operate in the Czech Republic as a processor of banknotes and coins under similar conditions as those established in the Czech Republic."
27. in § 25 (2) (a), "§ 6" is replaced by "§ 7";
28.
Transfers and handling of banknotes and coins and objects imitating them
(1) A natural person commits an offence by making tangible or intangible reproduction of domestic or foreign banknotes or coins, or by imitating it by modification,
(a) it shall be manufactured without meeting the technical criteria laid down in the implementing legislation issued for the implementation of Article 14 or by the directly applicable European Union Regulation on medals and tokens similar to euro coins (4); or
(b) it shall sell, import, retain or extend in breach of Paragraph 14 (2).
(2) A fine of up to CZK 1 000 000 may be imposed for the offence referred to in paragraph 1. "
29. After Paragraph 28, the following Section 28a is inserted:
Administrative offenses in the production and handling of banknotes and coins and objects imitating them
(1) A natural person, whether in law or in business, shall commit an administrative offence by giving material or intangible reproduction of domestic or foreign banknotes or coins or an object which imitates it by modification,
(a) it shall be manufactured without meeting the technical criteria laid down in the implementing legislation issued for the implementation of Article 14 or by the directly applicable European Union Regulation on medals and tokens similar to euro coins (4); or
(b) it shall sell, import, retain or extend in breach of Paragraph 14 (2).
(2) A fine of up to CZK 1 000 000 shall be imposed for the administrative offence referred to in paragraph 1. "
30. Paragraph 29 (1) reads as follows:
"(1) A currency changer or legal person commits an administrative offence by:
(a) in contravention of Article 12 (2) (a) or the directly applicable European Union regulation laying down the measures necessary to protect the euro against counterfeiting (5), it shall not hold suspect banknotes or coins; or
(b) in contravention of Article 12 (2) (c) or the European Union's directly applicable regulation laying down the measures necessary to protect the euro against counterfeiting (5), it shall not transmit suspicious banknotes or coins to the Czech National Bank without undue delay after detention. "
31. in Article 29 (2), the words "or a legal person involved in the processing and return of domestic banknotes and" shall be replaced by the words "the holder of a postal licence or special postal licence under the Postal Service Act, as well as the payment institution, the small-scale payment service provider, the electronic money institution and the issuer of small-scale electronic money where the payment services or the issuance of electronic money are returned; or"
32. in Paragraph 29 (3):
"(3) A credit institution performing a cash operation or a processor of domestic banknotes and coins shall commit an administrative offence by:
(a) in breach of Article 7 (2), domestic banknotes and coins admitted from circulation before being returned to circulation shall not be processed in accordance with processing standards;
(b) contrary to § 21, it does not maintain an appropriate management and control system or internal rules to ensure the protection of domestic banknotes and coins;
(c) contrary to Paragraph 22 (2), they do not hold domestic banknotes and coins entrusted for processing and belonging to different persons separately;
(d) contrary to Article 22 (3), it does not keep records of domestic banknotes and coins taken over for processing;
(e) in contravention of Section 23 (1), the Czech National Bank shall not provide information on the places where domestic banknotes and coins are processed, the facilities or the processing of domestic banknotes and coins, or the changes to the equipment used for the processing of domestic banknotes and coins;
(f) in breach of Article 23 (2), does not maintain or verify domestic banknote and coin processing equipment;
(g) in breach of § 24 (2), does not provide the Czech National Bank with the necessary information or explanations in the exercise of its supervision; or
(h) does not implement the remedies imposed under Paragraph 25. ';
33. Paragraph 29 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
34. in Paragraph 29 (5):
"(5) A fine shall be imposed for the administrative offence:
(a) 10 000 000 CZK if it is an administrative offence pursuant to paragraph 1, 2 or 3 (a);
(b) 1 000 000 CZK, if it is an administrative offence under paragraph 3 (b) to (h) or paragraph 4. "
35. in Paragraph 30 (1), the word "self-service" shall be inserted after the word "operating."
36. In Article 30 (3), the words "or an undertaking natural person 'shall be inserted after the word" person'.
37.Paragraph 30 (4) reads as follows:
"(4) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK if it is an administrative offence pursuant to paragraph 1 or 2;
(b) 10 000 000 CZK if it is an administrative offence pursuant to paragraph 3. "
38. Article 31 shall be deleted, including the title.
39. in Paragraph 33 (2), the words "eligible for legal action" shall be replaced by the words "entitled to legal action";
40. In Article 35, "Section 10 (5) 'is replaced by" Section 9 (3), Section 10 (6)';
Amendment of the Crisis Act
Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended by Act No. 320 / 2002 Coll., Act No. 127 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 306 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 430 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 333 / 2012 Coll., Act No. 303 / 2013 Coll., Act No. 64 / 2014 Coll., and Act No. 320 / 2015 Coll., is amended as follows:
1. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) In addition, the government is entitled to impose a prohibition in the period of emergency
(a) the acquisition of funds in foreign currency, securities and book-entry securities, the issuer of which is a resident or resident outside the Czech Republic, as well as the money of the valued rights and obligations derived therefrom, for the Czech currency;
(b) making all payments from the Czech Republic abroad, including payments between payment service providers and their branches;
(c) deposit of funds into accounts abroad;
(d) the sale of securities and book-entry securities the issuer of which is a resident or resident in the Czech Republic, resident or resident outside the Czech Republic,
(e) receiving loans from residents or residents outside the Czech Republic;
f) the establishment of accounts in the Czech Republic to persons with permanent residence or registered office outside the Czech Republic and the deposit of funds into their accounts;
(g) making all payments from abroad to the Czech Republic between payment service providers and their branches. "
Paragraph 3 shall become paragraph 4.
2. In Article 6, the following paragraph 5 is added:
"(5) Prohibitions imposed by a crisis measure issued pursuant to paragraph 3 shall not apply if the transactions of the Czech Republic or the Czech National Bank are concerned. These prohibitions shall not apply to holders of a special permit which may be issued by the Czech National Bank for an emergency period due to a threat to the life and health of persons and to the safety of the State and to operations which lead to a demonstrable improvement in the balance of payments, to the extent of the relevant authorisation. '
3. In Section 7 of the introductory part of the provisions and in Section 8, the words "and 2 'are replaced by the words" to 3'.
4. In Article 13 (1) (d), the words "draft emergency measures issued pursuant to Article 6 (3) and others' shall be inserted after the words" government '.
5. In Article 13, at the end of paragraph 1, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) discuss administrative offences relating to the infringement of one of the prohibitions imposed by a crisis measure issued pursuant to Article 6 (3);
(f) issue a special authorisation pursuant to Article 6 (5). ';
6. In Article 29, the following paragraph 8 is added:
"(8) Legal persons and natural persons engaged are obliged to refrain from activities prohibited by a crisis measure issued pursuant to Article 6 (3)."
7. In Article 31, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) refrain from activities prohibited by a crisis measure granted under Article 6 (3)."
8. Paragraph 34 (1) reads as follows:
"(1) A natural person commits an offence by failing to comply at a time of crisis
(a) one of the obligations under Article 31 (3) (a), (b) or (c);
(b) one of the obligations under Article 31 (3) (d) or (e); or
(c) the obligation under Article 31 (3) (f). ';
9. In Paragraph 34 (3), the words "and after 'are replaced by the words", after' and at the end of the text of paragraph 3, the words "and after the offence referred to in paragraph 1 (c) of the fine up to CZK 2 000 000 'are added.
10.Paragraph 34a (2) reads as follows:
"(2) A natural person, whether legal or legal, shall continue to commit an administrative offence by:
(a) as the person included in the crisis plan fails to fulfil the obligation under Paragraph 29 (2);
(b) fails to fulfil the obligation under Paragraph 29 (3); or
(c) fails to fulfil the obligation under Paragraph 29 (8). "
11. in Article 34a (4), the words "paragraph 1 or paragraph 2 (a) or (b)" shall be inserted after the words "the offence."
12. In Paragraph 34a, the words "and for the administrative offence referred to in paragraph 2 (c), the fine shall be imposed up to CZK 5 000 000 'shall be added at the end of paragraph 4.
13. in § 34b, the words "and § 34a (2) (c) which is discussed by the Czech National Bank" shall be added at the end of the text of paragraph 4.
14. In § 38, the words "§ 6 (5) 'shall be inserted after the word" exception'.
Amendment of the Penal Code
Act No. 40 / 2009 Coll., penal code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 390 / 2012 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 377 / 2015 Coll., Act No. 47 / 2016 Coll., Act No. 139 / 2016 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 377 / 2015 Coll., Act No. 47 / 2016 Coll.
1. In Section 33 of the Introductory Part of the provision and Section 363 (2), the words "breach of the prohibition at the time of the emergency situation in the foreign exchange economy 'are replaced by the words" threat to the foreign exchange economy'.
2.§ 247, including the title:
Risk to the foreign exchange economy
Anyone who violates the prohibition imposed by the Emergency Act in relation to the foreign exchange economy at a time of emergency will be punished by deprivation of liberty for one year to six years, a penalty or a ban on activity. "
TRANSITIONAL AND REPEAL PROVISIONS
Transitional provision
In the case of an emergency situation in the foreign exchange economy declared before the date of entry into force of this Act, the Act No. 219 / 1995 Coll., the Foreign Exchange Act, as effective before the date of entry into force of this Act, shall be followed.
Repeal
The following shall be deleted:
1. Act No. 219 / 1995 Coll., Foreign Exchange Act.
2. Part Four of Act No. 159 / 2000 Coll., amending Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended by Act No. 15 / 1998 Coll., and certain other laws, including the title.
3. Part Four of Act No. 362 / 2000 Coll., amending Act No. 591 / 1992 Coll., on Securities, as amended, and some other laws, including the title.
4. Part of First Act No. 482 / 2001 Coll., amending Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended, and Act No. 6 / 1993 Coll., on the Czech National Bank, as amended, including the title.
5. Part Two of Act No. 126 / 2002 Coll., amending Act No. 21 / 1992 Coll., on Banks, as amended, Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended, Act No. 593 / 1992 Coll., on Provisions for the Determination of the Income Tax Base, as amended, Act No. 239 / 2001 Coll., on the Czech Consolidated Agency, and on the Amendment to Certain Acts (Act on the Czech Consolidated Agency), as amended, Act No. 15 / 2002 Coll., Act No. 513 / 1991 Coll., Commercial Act, as amended, and Act No. 363 / 1999 Coll.
6. Part Eight of Act No. 257 / 2004 Coll., amending certain laws in connection with the adoption of the Act on Capital Market Enterprise, the Act on Collective Investment and the Act on Bonds, including the title.
7. Part of First Act No. 354 / 2004 Coll., amending Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended, and some other laws, including the title.
8. Part of 14th Act No. 444 / 2005 Coll., amending Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended, and some other laws, including the title.
9. Part of the 20th Act No. 254 / 2008 Coll., amending certain laws in connection with the adoption of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing, including the title.
10. Part of the fifty ninth Act No. 227 / 2009 Coll., amending certain laws in connection with the adoption of the Law on Basic Registers, including the title.
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Regulation Information
| Citation | Act No. 323 / 2016 Coll., amending certain laws in the field of money circulation and foreign exchange management and repealing Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.10.2016 |
|---|---|
| Effective from | 18.10.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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