Act No 343 / 2010 Coll.
Act amending Act No. 594 / 2004 Coll., implementing the European Communities regime for the control of exports of dual-use goods and technology, as amended by Act No. 281 / 2009 Coll., and Act No. 634 / 2004 Coll., on administrative fees, as amended
Valid
Law
Effective from 07.12.2010
Text versions:
07.12.2010
343
THE LAW
of 27 October 2010
amending Act No. 594 / 2004 Coll., implementing the European Community regime for the control of exports of dual-use goods and technology, as amended by Act No. 281 / 2009 Coll., and Act No. 634 / 2004 Coll., on administrative fees, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Law implementing the European Community regime for the control of exports of dual-use goods and technology
Act No. 594 / 2004 Coll., implementing the European Community regime for the control of exports of dual-use goods and technology, as amended by Act No. 281 / 2009 Coll., is amended as follows:
1. In the title of the law, the words "transport, brokering and transit 'and the words" and technology' are inserted after the words "export '.
2. footnote 1 shall read:
"(1) Council Regulation (EC) No 428 / 2009 of 5 May 2009 establishing a Community regime for the control of exports, transport, brokering and transit of dual-use items."
3. in Article 1 (1) (a), the words ", the provision of brokering services 40) related to dual-use goods and transport41)" shall be inserted after the words "(" dual-use items ") and the word" broker42 "shall be inserted after the word" duties, "
footnotes 40 to 42 read:
"40) Article 2 (5) of Council Regulation (EC) No 428 / 2009.
41) Article 2 (7) of Council Regulation (EC) No 428 / 2009.
42) Article 2 (6) of Council Regulation (EC) No 428 / 2009. '
4. In Article 1, the following paragraph 2 is inserted after paragraph 1, including footnote 43:
"(2) This law further regulates
(a) monitoring the provision of technical assistance concerning certain military end-uses43);
(b) the rights and obligations of persons importing dual-use items into the Czech Republic.
43) Council Joint Action 2000 / 401 / CFSP of 22 June 2000 on the control of technical assistance concerning certain military end-uses. '
Paragraph 2 shall become paragraph 3.
5. In Article 1 (3), the words "exporters of dual-use items' are replaced by the words" persons carrying out activities under paragraphs 1 and 2 '.
6. In Article 2 (1), the words ", transport, brokering and transit 'shall be inserted after the words" export'.
7. in Article 2 (2), the following points (b) to (e) are inserted after point (a):
"(b) communicate whether a permit is required for the export of dual-use items;
(c) communicate whether authorisation will be required to provide brokering services related to dual use goods;
(d) grants authorisation to provide brokering services related to dual-use goods (hereinafter referred to as "authorisation to provide brokering services");
(e) decide to prohibit transit; ';
Points (b) to (f) shall be renumbered as points (f) to (j).
(8) footnotes 3, 4, 9, 11 to 18, 20, 21, 23, 25 to 27 and 29 to 34, including the references to those footnotes, are deleted.
9. the words "transport, brokering and transit" shall be inserted after the word "export."
10. in Article 2 (2) (i), "(b) to (d)" is replaced by "(f) to (h)";
11. in Article 2 (2) (j), the words "exporters of dual-use items" shall be replaced by the words "persons referred to in Article 1 (1) and (2)."
12. Footnote 5 reads:
"(5) Article 3 (1) of Council Regulation (EC) No 428 / 2009."
13. footnote 6:
"(6) Article 4 (1) to (3) of Council Regulation (EC) No 428 / 2009."
14. footnote 7 reads:
"(7) Article 4 (4) of Council Regulation (EC) No 428 / 2009."
15. in Article 3 (1), point (d), including footnote 8, shall be deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
16. In Article 3, paragraphs 3 and 4 are added, including footnote 44:
"(3) Authorisation to provide brokering services shall be required if:
(a) it is provided for in the Council Regulation (44);
(b) The Ministry shall inform the intermediary that:
1. dual-use items not listed in the Annex Even the Council Regulation is or could be intended to apply all or part of it pursuant to Article 4 (1) of the Council Regulation,
2. dual-use items are, or could be, whole or part for military end-use in the countries referred to in Article 4 (2) of the Council Regulation.
(4) Where an exporter or intermediary is suspected or, in the light of the circumstances, should have grounds for suspecting that dual-use items not listed in Annex I to the Council Regulation which he intends to export or for which he intends to provide brokering services are intended, in whole or in part, for any use referred to in Article 4 (1) of the Council Regulation or for military end-use in the countries referred to in Article 4 (2) of the Council Regulation, he shall be required to inform the Ministry which shall inform him of that fact whether an authorisation will be required for export or for the provision of brokering services.
44) Article 5 (1) of Council Regulation (EC) No 428 / 2009. '
17. in Article 5, the words "required" are replaced by the words "eligible."
18. in Paragraph 6 (2):
"(2) An exporter intending to export dual-use items on the basis of one of the general export permits referred to in Article 4 shall register with the Ministry in writing before the first use of such authorisation, including an indication of the number of the general export permit. '
19. in Article 6 (3), the words "trade licence or similar" shall be deleted;
20. in Paragraph 6 (4), the word "implement" is replaced by the word "confirm" and the number "30" is replaced by "10."
21. in Article 6, paragraph 7 is deleted;
Paragraph 8 shall become paragraph 7.
22. In Section 7, the word "a 'is replaced by a comma and the words" and authorisation to provide brokering services' are added at the end.
23. in the second sentence of Article 7 (1), the word "issued" shall be replaced by "drawn up in writing."
24. In Article 7 (4), "a 'is replaced by" a', and at the end of the text of paragraph 4, the words "and authorisation to provide brokering services' are added.
25. Paragraph 8 (1) reads:
"(1) An application for an individual export authorisation or a summary export authorisation or an authorisation to provide brokering services shall be submitted by the exporter or intermediary to the Ministry on the prescribed form. ';
26. in Paragraph 8 (2) (b), "paragraph 1 (d)" is replaced by "paragraph 4."
27. in Article 8 (3), the words "individual export" shall be deleted; the words "pursuant to paragraph 1" shall be inserted after the word "authorisation" and the words "partner" shall be inserted after the word "intermediary and its foreign partners," ';
28. in Article 9 (1), the words "granting or not granting an individual export permit or a comprehensive export authorisation" shall be deleted;
29. in Article 9 (2) (b):
"(b) in the period of 3 years before or after the application was lodged, the decision has become final that the exporter has committed an administrative offence pursuant to Article 17 (1) (a) to (f) or Article 18 (1) (a) to (f),"
In Article 9 (2), the following point (c) is inserted after point (b):
"(c) in the period of 2 years before the application, the decision that the exporter has repeatedly committed an administrative offence has become final pursuant to Article 17 (1) (g) to (i) or Article 18 (1) (g) to (i),";
Points (c) to (e) shall be renumbered as points (d) to (f).
30. in Article 9 (2) (d), the word "commercial" shall be deleted;
31. in Article 9 (2), the words "end-user" shall be inserted at the beginning of point (e).
32. In Article 9, the following paragraph 3 is added:
"(3) The Ministry shall not grant authorisation to provide brokering services if:
(a) the intermediary has failed to fulfil the obligations under Article 8 (1) to (3) and the Council Regulation;
(b) in the period of 3 years before or after the submission of the application, the decision that the intermediary has committed an administrative offence has become final pursuant to Articles 17 (1) (a) to (f) or 18 (1) (a) to (f);
(c) in the period of 2 years prior to the application, the decision that the intermediary has repeatedly committed an administrative offence pursuant to Article 17 (1) (g) to (i) or Article 18 (1) (g) to (i) has become final;
(d) this is justified by the foreign policy or security interests of the Czech Republic, and this is demonstrated by the Ministry by the competent authorities; or
(e) the end-user or end-user mentioned in the application does not guarantee that dual-use items will not be used in conjunction with weapons of mass destruction, missile systems capable of carrying such weapons or for military end-use. ';
33. in Article 10 (1), in the introductory part of the provision, the words "or authorisation to provide brokering services" shall be inserted after the words "summary export authorisation."
34. In Article 10 (2), the words "or the authorisation to provide brokering services' shall be inserted after the words" a summary export authorisation 'and the words "non-award' shall be inserted after the words" for its purposes'.
35. in Article 10 (3), the words "or the authorisation to provide brokering services" and the words "(c) and (d)" shall be replaced by the words "(d) and (e)" and in Article 9 (3) (d) and (e) "shall be inserted after the words" summary export authorisation ";
36. In Article 10 (5), the words "or the authorisation to provide brokering services' shall be inserted after the words" a global export authorisation '.
37. At the end of Section 11, the words "and intermediaries' shall be added.
38. In Article 11 (2), the words "or the final implementation of exports' shall be inserted after the word" validity '.
Paragraph 11 (4) reads as follows:
"(4) The records, business documents and records of exports or brokering services provided shall be kept for at least 5 years from the end of the calendar year in which the export was or was provided."
40. the following Sections 13a and 13b are inserted after Section 13, including the title and footnotes 45 and 46:
"Transit
(1) In case of transit, the customs office shall ensure dual use goods which are not Community goods (45) irrespective of the rights of third parties, provided that there are reasonable grounds for suspecting that such goods are or might be intended for use in accordance with Article 4 (1) or (2) of the Council Regulation and shall notify the Ministry without delay thereof. The customs office of departure shall notify the customs office of arrival of the goods in transit.
(2) The person who has been notified of the arrangements for the provision of dual-use items referred to in paragraph 1 shall be obliged to issue or ensure the release of such goods to the customs office. If the goods are not issued to the customs office immediately after notification of this measure, the person carrying them may be removed. A report shall be drawn up on the issue or withdrawal of the goods in question indicating the quantity and description of the goods in question. The Protocol shall be signed by two customs officers and by the person who has issued or has been withdrawn. Any refusal of signature by that person shall be noted in the Protocol. The customs office shall forward to the person who has issued the goods or who has been withdrawn the duplicate of the Protocol.
(3) The customs office of guarantee may leave the dual-use items to the person who has been granted the goods and require them not to use, dispose of or dispose of the goods in any other way. The legal acts by which this prohibition has been infringed are invalid.
(4) The person concerned by the imposition of the measures referred to in paragraph 1 may submit written objections to the customs office which imposed them within 3 working days of the date of its imposition. The objections do not have suspensory effect. The Director of the competent customs office shall decide on the objections without undue delay. His decision is final. The written decision of objections shall be served on the person concerned.
(1) The Ministry may decide to prohibit transit where:
(a) so provided for by the Council Regulation (46); or
(b) dual-use items which are not Community goods (45) and which are not listed in Annex I to the Council Regulation, are, or may be, intended in whole or in part for the use referred to in Article 4 (1) of the Council Regulation or for military end-uses in the countries referred to in Article 4 (2) of the Council Regulation.
(2) The decision of the Ministry to prohibit transit shall not be subject to decomposition. The decision is excluded from the decisions24).
(3) The Ministry shall notify the decision on the prohibition of transit or that the decision on the prohibition of transit is not issued without delay to the customs authority which has secured the goods pursuant to Paragraph 13a (1).
(4) Where the Ministry decides to prohibit transit, the customs office which has secured the goods referred to in Article 13a (1) shall decide that the goods are taken up within 20 days of the date on which the decision on the prohibition of transit for those goods is taken, unless the requirements for the allocation of a customs-approved treatment or use which is not Community goods are prohibited. The customs-approved designation authorised for non-Community goods and the transit of which is prohibited shall be a customs-approved treatment other than the external transit procedure and the placing of the goods in a free zone or free warehouse.
(5) It shall become the owner of the goods taken in accordance with paragraph 4.
45) Article 2 (13) of Council Regulation (EC) No 428 / 2009.
46) Article 6 (1) of Council Regulation (EC) No 428 / 2009. '
41. In Paragraph 14 (2), the word "issued 'is replaced by" made up in writing'.
42. In Article 14 (3), the words "and in the manner laid down by the administrative order, except for oral submissions' are deleted.
43. In Paragraph 14 (6) (b):
"(b) in the period of 3 years prior to or after the application was lodged, the decision that the importer had committed an administrative offence pursuant to Article 17 (1) (a) to (f) or Article 18 (1) (a) to (f) has become final,"
44. in Article 14 (6), the following point (c) is inserted after point (b):
"(c) in the period 2 years prior to the application, the decision that the importer has repeatedly committed an administrative offence pursuant to Article 17 (1) (g) to (i) or Article 18 (1) (g) to (i) has become final,";
Points (c) to (e) shall be renumbered as points (d) to (f).
45. in Article 17 (1), in the introductory part of the provision, the words "or doing any physical activity" shall be inserted after the word "Legal."
46. in Article 17 (1), the following points (c) and (d) are inserted after point (b):
"(c) infringes a decision prohibiting transit pursuant to Article 13b;
(d) provide brokering services related to dual-use goods without a valid authorisation, although the authorisation is required under Article 3 (3) or (4) or the Council Regulation, or uses false, falsified or amended authorisations to provide brokering services related to dual-use goods, ';
Points (c) to (j) shall be renumbered as points (e) to (l).
47. in Article 17 (1) (e), "(f)" is replaced by "(e)";
48. in Article 17 (1) (g), the words "Article 3 (4)" shall be inserted before the words "Article 6 (2) and";
49. in Paragraph 17 (2) (a), "(d)" is replaced by "(f)."
50. in Paragraph 17 (2) (b), "(e)" is replaced by "(g)" and "(j)" is replaced by "(l)."
51. in Paragraph 17 (3) of the introductory part of the provision, the words "the legal person who committed the administrative offence" shall be replaced by the words "the perpetrator of the administrative offence."
52. In Article 17, the following paragraph 4 is added:
"(4) The holder of the goods forfeited pursuant to paragraph 3 shall become a State."
53.In Paragraph 18 (1), the following points (a) to (d) are inserted:
"(a) the export of dual-use items from the territory of the Community without a valid authorisation, although the authorisation is required under Article 3 (1) or (4) or a Council Regulation, or uses an incorrect, falsified or amended authorisation for export;
(b) transports dual-use items from the territory of the Czech Republic to the territory of another Member State of the European Union without a valid authorisation, although the authorisation is required pursuant to § 3 (2) or § 13 or the Council Regulation, or uses an incorrect, falsified or amended permit for transport;
(c) infringes a decision prohibiting transit pursuant to Article 13b;
(d) provide brokering services related to dual-use goods without a valid authorisation, although the authorisation is required under Article 3 (3) or (4) or the Council Regulation, or uses false, falsified or amended authorisations to provide brokering services related to dual-use goods, ';
Points (a) to (e) shall be renumbered as points (e) to (i).
54. in Paragraph 18 (1) (e), "(f)" is replaced by "(e)";
55. in Article 18 (1) (g), the words "§ 3 (4)" shall be inserted before the words "§ 6 (2) and (3)."
56. in Paragraph 18 (2), "and (b)" shall be replaced by "to (f)," "c)" shall be replaced by "g)," and "e)" shall be replaced by "i)."
57. In Paragraph 19 (4), the words "legal persons and offences," the words "legal persons or offences," and the second sentence shall be deleted.
58. In Article 19, paragraphs 8 and 9 are added:
"(8) If the forfeiture of dual-use items has not been imposed under this Act, the customs office shall decide that such goods shall be taken up if:
(a) it shall not find, within 60 days of the date on which the administrative offence became apparent, facts justifying the initiation of proceedings against a person;
(b) belong to an offender who cannot be prosecuted for an administrative offence; or
(c) it is not the perpetrator of an administrative offence, or it is not entirely, and where the safety of persons or property or other general interest so requires.
(9) The owner of the dual-use items seized in accordance with paragraph 8 becomes a State. '
(59) In Article 20 (1), the words "the provision of brokering services or transit" shall be inserted after the words "the provision of brokering services or transit" and the words "exporters" shall be inserted after the words "brokers."
60. In Article 20 (4), the words "or an import certificate 'shall be inserted after the word" authorisation'.
61. In Paragraph 21, the words "and do not pass on to legal successors' shall be inserted after the words" non-transferable '.
62. Article 22 shall be deleted;
63. Paragraph 24, including the title, reads:
Authorisation provisions
Government
(a) issue a regulation implementing Articles 7 (4) and 14 (9);
(b) may issue a regulation implementing Sections 3 (1) (d) and 5. "
Amendment of the Administrative Charges Act
In the Annex to Act No. 634 / 2004 Coll., as amended by Act No. 217 / 2005 Coll., Act No. 228 / 2005 Coll., Act No. 357 / 2005 Coll., Act No. 361 / 2006 Coll., Act No. 444 / 2005 Coll., Act No. 545 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 136 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 186 / 2006 Coll.
Footnote 64 reads:
"64) Act No. 594 / 2004 Coll., implementing the European Community regime for the control of exports, transport, brokering and transit of dual-use items, as amended."
EFFECTIVE
This Act shall take effect on the day of its publication.
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Regulation Information
| Citation | Act No. 343 / 2010 Coll., amending Act No. 594 / 2004 Coll., implementing the European Community regime for the control of exports of dual-use goods and technology, as amended by Act No. 281 / 2009 Coll., and Act No. 634 / 2004 Coll., on administrative fees, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2010 |
|---|---|
| Effective from | 07.12.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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