Act No. 357 / 2004 Coll.
Act amending 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., Criminal Act, as amended, as amended, Act No. 310 / 2002 Coll.
Valid
Law
Effective from 09.06.2004
Text versions:
09.06.2004
357
THE LAW
of 22 May 2004
amending 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., as amended, as amended, Act No. 310 / 2002 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on Addition to Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, as amended, Act No. 310 / 2002 Coll., is amended as follows:
1. Paragraph 2 (1) reads as follows:
"(1) For the purposes of this Act, trafficking in military material means the export of military material across borders from the Czech Republic to the territory of the Member States of the European Union, as well as other States, the importation of military material across borders into the Czech Republic from the Member States of the European Union, as well as the treatment of military material abroad, including the Member States of the European Union, as well as the fulfilment of obligations towards foreign persons1) and the acceptance of transactions from foreign persons whose object is military material referred to in § 5 (3). '
2. In Article 2 (2), the words "persons authorised under this Act 'are deleted and the words" and advertising' are replaced by ", advertising and brokering '.
3. the following Section 12a is inserted after Section 12:
(1) Trade in military material may also be carried out on behalf of the Czech Republic by the Ministry of Defence or by the Ministry of Interior, if necessary for the purpose of ensuring the defence and security of the Czech Republic, if the Government so decides and if the other Contracting Party is another State. The Government Decision replaces the authorisation issued by the Ministry pursuant to § 6.
(2) The Government's decision referred to in paragraph 1 shall include:
(a) the designation of the State's organisational body, its name and registered office;
(b) the name, surname and birth number of the persons authorised to act as an organisational body of the State;
(c) identification of the external contractor;
(d) the subject-matter of the contract;
(e) the basic conditions for the conclusion of a contract for trade in military material;
(f) the period during which trade in military material is to be carried out.
(3) Amendments to the data referred to in paragraph 2 are subject to government approval. "
4. In Article 13, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) in the case referred to in Section 12a by decision of the Government."
5. In Paragraph 14, the following paragraph 3 is added:
"(3) The Ministry of Defence or the Ministry of Interior which is authorised to conduct trade in military material shall apply for a licence on the basis of, to the extent and under the conditions laid down in the Government's decision pursuant to § 12a and comply with the obligations of legal persons under § 15 to 22, with the exception of § 15 (2) (d) and § 16 (2) (b). The Ministry will grant these licences to the extent of government decisions pursuant to § 12a (2). '
6. In Paragraph 17, the period shall be deleted at the end of paragraph 1 and the words "and, in the case of its use in the previous calendar quarter, shall be sent to the Ministry by that date a copy of the licence if it contains records of the customs authorities. The accuracy and completeness of the information on the use of the licence shall be confirmed by the signature of the person authorised to act on behalf of the legal person. ';
7. Article 21, including footnote 3a, reads:
A legal person who has been granted a licence to export or import military materiel from or within the territory of the Czech Republic (hereinafter referred to as the holder of the licence) and is involved in such trade in military materiel where a foreign contractor or end-user does not have its registered office in a Member State of the European Union shall be required to carry out and submit the original of the licence to the competent customs office in the Czech Republic.
(3a) Section 102 of the Customs Act. '
8. In Article 23 (1), the words "and, in the case of the Ministry of Defence or the Ministry of Interior, which conduct trade in military material pursuant to Section 12a shall be inserted after the word" material. "
9. The following Section 23a is inserted after Section 23:
Customs supervision
(1) The customs authorities shall ensure that the trade in military material is carried out only by legal persons authorised under this Law and that it is carried out to the extent and under the conditions laid down by the relevant licences.
(2) The customs office may, in carrying out the supervision provided for in paragraph 1, invite the holder of the licence to submit the original of the licence and enter on the original of the licence the essential information relating to the facts relating to its use; the entries in the licence shall indicate the date of the entry and an indication clearly identifying the person who made the entry.
(3) If the customs office finds that trade in military material is not carried out in accordance with this Act or other legislation or conditions of the related licence, it shall immediately inform the Ministry in writing.
(4) In order to ensure the supervision referred to in paragraph 1, the Ministry shall provide the Directorate-General for Customs with the necessary details of the licences granted under this Act. The Directorate-General for Customs shall provide the Ministry with data arising from the activities of customs offices and relating to the use of licences granted under this Act. '
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 357 / 2004 Coll., amending 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., Criminal Act, as amended, as amended, Act No. 310 / 2002 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.2004 |
|---|---|
| Effective from | 09.06.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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