Decree No. 332 / 2009 Coll.
Decree on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended
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Effective from 01.10.2009
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01.10.2009
25.09.2009
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332
DECLARATION
of 22 September 2009
on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, and Act No. 140 / 1961 Coll., as amended
The Ministry of Industry and Trade, in agreement with the Ministry of Foreign Affairs, the Ministry of Defence and the Ministry of Interior, provides pursuant to Section 33 of 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 Code Act), as amended, and Act No. 140 / 1961 Coll., the Criminal Act, as amended, as amended, as amended, as amended, as amended by Act No. 220 / 2009 Coll., hereinafter referred to as "the Act ':
Military Goods List
The list of military material referred to in Section 5 (3) of the Act is set out in Annex 1 to this Decree.
Model application for authorisation
The model of the application for authorisation to conduct foreign trade in military material pursuant to Section 9 (3) of the Act is set out in Annex 2 to this Decree.
List of military equipment pursuant to § 14 (3) of the Act
The list of military equipment which may be the subject of a licence under Paragraph 14 (3) of the Act is set out in Annex 3 to this Decree.
Models for licence applications
The models of licence applications pursuant to Section 15 (7) of the Act are set out in Annex 4 to this Decree.
Scope of information on the use of the licence
The scope of the information on the use of the licence under Paragraph 17 (1) of the Act is set out in Annex 5 to this Decree.
Significant military material
The relevant military material under Section 20 (4) of the Act is listed in Annex 6 to this Decree.
Repeal
Decree No. 89 / 1994 Coll., implementing certain provisions of 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., the Criminal Act, as amended, is hereby repealed.
Efficacy
This Decree shall take effect on 1 October 2009.
Minister:
Ing. Tošovský v. r.
Příloha č. 1
Annex No 1 to Decree No. 332 / 2009 Coll.
LIST OF MILITARY MATERIALS
defined by § 5 of Act No. 38 / 1994 Coll.
SVMe 1
Smooth-bore weapons with a calibre of less than 20 mm, other weapons with a calibre of 12,7 mm or less, specially designed components, accessories and services
(a) pistols, revolvers, rifles, machine guns, machine guns and carbines;
Note: SVMe 1 (a) does not apply to rechargeable or self-charging rifles manufactured before 1938 (older military weapons), even if they are specially designed or modified for military use and "replicators thereof."
(b) smooth-bore weapons;
Note: SVMe 1 (b) does not apply to rechargeable or self-charging rifles manufactured before 1938 (older military weapons), even if specially designed or modified for military use and having "replicators thereof."
(c) weapons using non-combat or reactive ammunition;
(d) gun bases and lafetches, gun sights, rails and other tactical accessories, spikes and glass smackers for the weapons specified in subheadings SVMe 1 (a), SVMe 1 (b) and SVMe 1 (c);
Note: SVMe 1 (d) does not apply to the accessories of weapons specified in SVMe 1 (a) and SVMe (b), manufactured before 1938 (older military weapons), even if specially designed or modified for military use, including its "replica ', unless it is applicable to weapons manufactured after 1938.
(e) electric stun guns with firing contacts;
(f) noise and flame absorbers.
Note 1: SVMe 1 also applies to weapons which have been modified to restrict the original automatic function to a self-rechargeable or self-rechargeable function.
Note 2: SVMe 1 does not apply to weapons using peripheral-fire ammunition which do not allow multiple firing rounds to be used in a single trigger, even if specially designed or adapted for military use.
Note 3: SVMe 1 does not apply to weapons manufactured before 1890 (historical weapons), even if specially designed or modified for military use and their "replicas."
Note 4: SVMe 1 does not apply to weapons degraded by an authorised entity under the relevant Czech general law.
Note 5: SVMe 1 does not apply to revolvers and pistols other than automatic, designed and approved for sale in the Czech Republic under a generally binding legislation, as well as to sales in the importing country, even if they are specially designed or adapted for military use, and specially designed components thereof, unless they are fit for other pistols and revolvers than those covered by this note. The final customer may not be armed forces, security corps and other entities involved in the performance of external or internal security tasks.
Organizational Note: In international trade in goods referred to in Notes 2 and 5, the rules laid down by the Czech general law on the regulation of the trade in arms for hunting, hobby or self-defence shall apply.
SVMe 2
Smooth-bore weapons with a calibre of 20 mm or more, other weapons and equipment with a calibre exceeding 12,7 mm, throwing equipment, specially designed components, accessories and services
(a) rifles, machine guns, armoured guns, howitzers, cannons, mortars, rocket launchers, slip-free weapons, flame-throwers, grenade launchers, smooth-bore weapons, special pistols and revolvers and weapons combining their characteristics;
Note 1: SVMe 2 (a) includes injectors, measuring devices, storage tanks and other components specially designed for use with liquid propellants for any of the equipment specified in SVMe 2 (a).
Note 2: SVMe 2 (a) does not apply to rechargeable or self-charging rifles manufactured before 1938 (older military weapons), even if specially designed or modified for military use and their "replicators." Subheading SVMe 2 (a) also does not apply to special pistols and revolvers manufactured before 1938.
(b) gas, smoke or other pyrotechnic devices;
Note: SVMe 2 (b) does not apply to signal pistols, even if specially designed or modified for military use.
(c) gun sights.
Note 1: SVMe 2 does not apply to weapons, smoke projectors and weapon sights manufactured before 1890 (historical weapons), although specially designed or modified for military use and their "replicators."
Note 2: SVMe 2 does not apply to weapons degraded by an authorised entity under the relevant Czech general law.
SVMe 3
Ammo, igniter ignition equipment, specially designed components and services
(a) the ammunition for the weapons referred to in SVMe 1, SVMe 2 and SVMe 12;
(b) igniting devices specially designed for ammunition specified in SVMe 3 (a).
Note 1: Specially designed components specified by SVMe 3 include:
(a) metal or plastic anvils of initiators, bullet holders, cartridge belts, revolving tanks and metal parts of ammunition;
(b) locking and release devices, lighters, sensors and initiation devices;
(c) energy sources with high one-off operational performance;
(d) explosive charges;
(e) submunitions including bombs, small mines and end-guidance projectiles.
Note 2: SVMe 3 does not apply to ammunition manufactured until 1890 (historical ammunition), although specially designed or adapted for military use.
Note 3: SVMe 3 does not apply to ammunition and its components degraded by an authorised entity under the relevant Czech general binding legislation. No component used for ammunition under this note can be used for its original purpose.
SVMe 4
Mines, bombs, torpedoes, rockets, missiles, other explosive devices and charges, equipment, specially designed components, accessories and services
Reference 1: See SVMe 11 for guidance and navigation equipment.
Reference 2: Aircraft Missile Protection Systems (AMPS) see SVMe 4 (c).
(a) grenades, artillery ammunition, missiles, torpedoes, bombs, mines, explosives charges, demolition sets, pyrotechnic devices, depth charges, demolition charges, demolition devices and impersonators, simulators, smoke generators (i.e. equipment which imitates the properties of any of the goods).
Note 1: SVMe 4 (a) includes:
(a) hand grenades and other grenades, reactive armor and tarasic missiles, missiles controlled, missiles uncontrolled, demolition demisters;
(b) missile nozzles and return module tips;
(c) cassette munitions (artillery, rocket, bomb, mine);
(d) main parts of ammunition (artillery projectiles and cartridges, igniters, lighters and initiators).
Note 2: SVMe 4 (a) does not apply to ammunition manufactured until 1890 (historical ammunition), even if specially designed or adapted for military use.
Note 3: Subheading SVMe 4 (a) does not apply to ammunition degraded by an authorised entity under the relevant Czech generally binding legislation.
(b) equipment specially designed for the handling of any of the following articles or for the control, activation, power supply with high one-time operational power, discharge, laying, removal, launching, diversion, interference, detonation, disruption, disposal or detection of such articles;
(1) articles referred to in subheading SVMe 4 (a); or
2) improvised explosive devices (IED).
Note 1: subheading SVMe 4 (b) includes:
(a) mobile gas liquefaction equipment capable of producing 1 000 kg or more per day in liquid form;
(b) floating electric conductors suitable for removing magnetic mines.
Note 2: Subheading SVMe 4 (b) does not apply to hand-held and pocket-held devices which are designed to be limited to the detection of metal objects and are not capable of distinguishing mines from other metal objects, even if they are hand-held and pocket-held devices specially designed or modified for military use.
(c) aircraft missile protection systems (AMPS).
Note: SVMe 4 (c) does not apply to AMPS containing:
(a) any of these warning sensors;
1. passive sensors with a maximum response between 100 and 400 nm;
2. active warning sensors employing impulse Doppler detection;
(b) jamming devices;
(c) "flares" which use both visible and infrared signals to guide "ground-air" missiles;
d. AMPS integrated in "civil aircraft" and meeting all of the following requirements:
1. The AMPS is only operational on a specific "civil aircraft," in which this specific AMPS is incorporated and for which it has been issued:
(a) a civil type certificate; or
(b) a similar document recognised by the Civil Aviation Organisation (ICAO);
2. AMPS uses protection to prevent unauthorised access to "software"; and
3. an active mechanism is incorporated into the AMPS that will not allow the system to function after removal from the "civil aircraft" into which it has been installed.
SVMe 5
Fire control equipment, associated alarm and warning equipment, associated systems and equipment for testing, routing and countermeasures, specially designed components, accessories and services
(a) weapon sights not listed elsewhere in this list, bomb sight, targeting equipment and weapon control systems;
(b) systems to identify and identify the target, to determine the distance, observation or monitoring of the target; search, data-collection, recognition and identification equipment; and sensor data collection equipment;
(c) countermeasures equipment suitable for the products referred to in subheadings SVMe 5 (a) or SVMe 5 (b);
(d) field testing or adjusting equipment specially designed for products specified in SVMe 5 (a) or SVMe 5 (b).
Note: SVMe 5 does not apply to fire control equipment and associated alarm and warning equipment, associated systems and equipment for testing, routing and countermeasures manufactured until 1890, although specially designed or adapted for military use.
SVMe 6
Ground vehicles, specially designed components and services
Reference: See SVMe 11 for guidance and navigation equipment.
Technical Note
For the purposes of SVMe 6, the marking of the ground vehicle also includes trailers and semi-trailers.
Note 1: SVMe 6 includes:
(a) tanks, self-propelled artillery systems with a main weapon referred to in subheading SVMe 2 (a)
(b) armored vehicles equipped with or equipped with equipment for the assembly of weapons, for mine laying or for the firing of ammunition according to SVMe 4;
(c) amphibious vehicles and vehicles capable of deep wading;
(d) rescue and rescue vehicles and vehicles for towing or transporting ammunition or weapon systems and associated handling equipment for loading and unloading;
(e) all other vehicles specially designed or modified for military use, including hovercraft and ecranoplans.
Reference: see also subheadings SVMe 17 (j), (l), (m).
Note 2: modification of a ground vehicle for military use according to SVMe 6 means modification of the structure, electrical or mechanical part of the vehicle, where at least one component is designed or adapted for military use. Such adjustments include:
(a) tyre tyres of special types, designed to be bulletproof or capable of further driving even after leakage of pressure;
(b) tyre pressure control systems operated from the interior of a moving vehicle;
(c) armor protection of important parts (e.g. fuel tanks);
(d) special reinforcements and arms support;
(e) external lighting in the normally invisible part of the spectrum;
(f) for all-wheel drive vehicles capable of normal field use, ballistic protection of level III crew compartment (NIJ 0108.01, September 1985, or comparable national standard), or more.
Reference: see also SVMe 13 (a).
Note 3: SVMe 6 does not apply to cars modified within the meaning of Note 2 to SMV 6 only by ballistic protection or armour, provided that they are intended exclusively for the transport of valuable items or money by a pre-known operator.
Note 4: SVMe 6 does not apply to bogies of passenger or lorries referred to in (c) -e) Note 1 to SVMe 6 manufactured until 1964, although specially designed or modified for military use, and specially designed components thereof, unless they are fit for "land vehicles" specified in SVMe 6 manufactured after 1964. For the purposes of this Note, "chassis' consists of frames, axles with suspension, gearboxes, differential, steering, exhaust engine, fuel and electrical system and bodywork, not modified within the meaning of (c) and (f) of Note 2 to SVMe 6.
Note 5: SVMe 6 does not apply to ground vehicles modified to ensure that the engine, including all components of the energy transmission up to all drive wheels, is dismantled and impossibility of reassembly is ensured by non-reversible mechanical intervention. Fuel tanks, if left behind, are made permanently unfit. Armaments, including smelters and rocket launchers, are degraded in accordance with the relevant Czech generally binding legislation or removed, the replacement of armaments for functional equipment is permanently excluded, or the armaments are made permanently unfit, the essential control equipment of the armaments is made permanently unuseable, with a 70 mm canon or larger with firmly built-in motif and margin mechanisms being welded together in such a way that no measurement or measurement can be set. If a pinion and a gearing segment or a pinion and a gearing wreath are used to adjust the instrument or the measure, three adjacent teeth of the gearing segment or gearing wreath on each side of the pinion must be filled with either concrete or polymer resin starting at the head of the end and ending 10 cm from the mouth of the barrel. Crew and cargo spaces shall be equipped with an additional aperture of not less than 50x40 cm on each of at least three sides and an additional tower shall be provided with an aperture of not less than 40x20 cm on each of the two sides. The openings may be covered with aluminium, copper, brass, or iron sheet with a thickness of not more than 1 mm.
Note 6: SVMe 6 does not apply to land vehicles manufactured until 1914, although specially designed or modified for military use.
SVMe 7
Chemical or biological toxic substances, "riot control agents," radioactive materials, related equipment, components, materials and services
(a) biological substances and radioactive materials "adapted for use in war" to cause losses in humans or animals, degrade equipment or damage crops or the environment:
(b) martial chemicals and chemicals having similar structure or comparable characteristics, including:
1. combat nerve paralytic agents:
a. O-Alkyl (C1-C10 including cycloalkyl), alkyl (methyl, ethyl, n-propyl or isopropyl) phosphonofluoridates, for example: sarin (GB): O-Isopropylmethylphosphonofluoridate (CAS 107-44-8) and soman (GD): (3,3-Dimethybutan-2-yl) -methylphosphonofluoridate (CAS 96@-@ 64@-@ 0);
b. O-Alkyl (C1-C10, including cycloalkyl), N, N-dialkyl (methyl, ethyl, n-propyl or isopropyl) phosphoramido) cyanidates, such as:
c. O-Alkyl (H, or C1-C10, including cycloalkyl) -S-2-dialkyl (methyl, ethyl, n-propyl or isopropyl) -amino) ethyl alkylphosphonothioate, where the alkyl is methyl, ethyl, propyl or isopropyl, and corresponding alkylated and protonated salts, for example: VX: S-2- (diisopropylamino) ethyl] -O-ethylmethylphosphonothioate (CAS 5078-69-9);
2. combat blisters:
(a) sulphuric yperites, such as:
1. (2-Chloroethyl) (chloromethyl) sulfide (CAS 2625-76@-@ 5);
2. bis (2-chloroethyl) sulfide (CAS 505-60-2);
3. bis (2-chloroethyl) sulfanyl methane (CAS 63869-13-6);
4.1.2-bis (2-chloroethylthio) ethanol (CAS 3563-36-8);
5. 1,3-bis (2-chloroethyl) sulfanyl propane (CAS 63905-10-2);
6.1.4-bis (2-chloroethylthio) butane (CAS 142868-93-7);
7.1.5-bis (2-chloroethylthio) pentane (CAS 142868-94-8);
8. bis (2-chloroethyl) sulfanyl methyl ether (CAS 63918-90-1);
9. bis (2-chloroethylthio) ethyl ether (CAS 63918-89-8);
(b) lewisites, for example:
1. dichloro (2- chlorovinyl) arsine (CAS 541-25-3);
2. tris (2-chlorovinyl) arsine (CAS 40334-70-1);
3. chlorobis (2-chlorovinyl) arsine (CAS 40334-69-8);
(c) nitrogen-rich yperites, such as:
1. GN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8);
2. GN2: bis (2-chloroethyl) methylamine (CAS 51-75-2);
3. GN3: tris (2-chloroethyl) amine (CAS 555-77-1);
3. combat incapacitating agents, for example:
a. quinsetin-3-yldiphenyl hydroxyacetate (CAS 6581-06-2);
4. combat chemicals - defoliants, for example:
a. Butyl 2-chloro-4-fluorophenoxyacetate (LNF);
(b) 2,4,5-trichlorophenoxyacetic acid mixed with 2,4- dichlorophenoxyacetic acid (Agent Orange);
(c) binary precursors and key precursors of martial chemicals, as follows:
1. alkylphosphonyl difluoride, where alkyl is methyl, ethyl, propyl or isopropyl, for example: DF: methylphosphonyl difluoride (CAS 676-99-3);
2. Alkyl (H, or C1-C10) - or cycloalkyl (C1-C10) -2- (dialkyl) ethylalkylphosphonite, where alkyl is methyl, ethyl, propyl or isopropyl, and corresponding alkylated and protonated salts, for example: QL: 2- (Diisopropylamino) ethylmethylphosphonite (CAS 57856-11-8);
3. chlorosarin: isopropyl methylphosphonochloridate (CAS 1445-76@-@ 7);
4. chlorsoman: (3; 3-Dimethylbutan-2yl) methylphosphonochloridate (CAS 7040-57@-@ 5);
(d) "riot control agents," active chemical constituents and combinations thereof, including:
1. α-bromobenzeneacetonitrile, bromobenzyl cyanide (CA) (CAS 5798-79@-@ 8);
2.
3.2-chloro-1-phenylethanone, ω-chloroacetophenone (CN) (CAS 532@-@ 27-4);
4. dibenz- (b, f) -1,4-oxazepine (CR) (CAS 257- 07- 8);
5.10-Chloro-5,10-dihydrophenarsazine, (chlorfenarsazine), (adamzite), (DM) (CAS 578-94-9);
6. N-nonanoylmorpholine, (MPA) (CAS 5299-64-9);
Note 1: SVMe 7 (d) does not apply to "riot control agents" individually packaged for self-defence purposes.
Note 2: SVMe 7 (d) does not apply to active components of chemicals, and their combinations, identified, packaged, labelled and supplied exclusively for food production or medical purposes, and used therein.
(e) equipment for spreading any of the following or specially designed components therefor:
1. materials and substances listed in subheadings SVMe 7 (a), SVMe 7 (b) or SVMe 7 (d); or
2. martial chemicals manufactured from precursors specified in subheading SVMe 7 (c).
(f) protective and decontamination equipment, specially designed components therefor, and chemical mixtures specially formulated as follows:
1. equipment for defence against materials specified in subheadings SVMe 7 (a), SVMe 7 (b) or SVMe 7 (d) and specially designed components therefor;
2. equipment for the decontamination of objects contaminated with materials specified in SVMe 7 (a) or SVMe 7 (b) and specially designed components therefor;
3. chemical mixtures specially designed or formulated for the decontamination of articles contaminated with materials specified in SVMe 7 (a) or SVMe 7 (b);
Note: subheading SVMe 7 (f) 1. includes:
(a) air-conditioning units specially designed or modified for nuclear, biological or chemical filtration, the chemical filtration of which means both the capture of the substances specified in the subheadings SVMe 7 (a), (b) or (d) and the use of chemosorption;
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Regulation Information
| Citation | Decree No. 332 / 2009 Coll., on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.2009 |
|---|---|
| Effective from | 01.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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