Decree No. 363 / 2011 Coll.
Ordinance on Personnel Security and Safety Capability
Valid
Order
Effective from 01.01.2012
363
DECLARATION
of 23 November 2011
on personnel safety and safety competence
According to Articles 7 (3), 9 (8), 64, 85 (5) and 135 (a) to (f) and (h) to (k) of the Act No. 412 / 2005 Coll., on the protection of classified information and on security competence, as amended, ("the Act '):
Models in the field of personnel safety and safety competence
(1) The model of the declaration by a natural person of incapacity under Article 7 of the Act is set out in Annex 1 to this Decree.
(2) The model of the declaration of personality provided for in Article 13 of the Act is set out in Annex 2 to this Decree.
(3) The model of the declaration of non-compliance provided for in Articles 94 (2) (g) and 99 (2) (d) of the Act is set out in Annex 13 to this Decree.
Models in the area of personnel security
(1) The template for the notification of compliance with the conditions for access to classified information of the classification level reserved under Article 6 of the Act is set out in Annex 3 to this Decree.
(2) The model of the lesson provided for in Articles 9 (1) and 11 (2) of the Act is set out in Annex 4 to this Decree.
(3) The model of the application of a natural person under Section 94 (1) of the Act is set out in Annex 5 to this Decree.
(4) The model of the natural person questionnaire under Section 95 of the Act is set out in Annex 6 to this Decree.
(5) The model of the certificate of a natural person under Section 54 (2) of the Act is set out in Annex 7 to this Decree.
(6) The model of the application for a certificate of a natural person for a foreign power pursuant to Paragraph 57 (2) of the Act is set out in Annex 8 to this Decree.
(7) The model of the application for recognition of the security authorisation of a natural person pursuant to Section 62 (2) of the Act is set out in Annex 9 to this Decree.
(8) The model of the lesson provided for in Section 58 (5) of the Act is set out in Annex 10 to this Decree.
Model for safety competence
(1) The model of the application for the document referred to in Article 99 (1) of the Act is set out in Annex 11 to this Decree.
(2) The model of the questionnaire provided for in Section 100 of the Act is set out in Annex 6 to this Decree.
(3) The model of the evidence of the safety competence of a natural person under Section 85 of the Act is set out in Annex 12 to this Decree.
Justification of a request by a natural person under Paragraph 94 (1) of the Act
The reasons for the request of a natural person shall include:
(a) the function or activity in the context of the service or employment relationship, of the member or similar relationship on the basis of which the certificate of the natural person is to be issued;
(b) the highest classification level of classified information to which a natural person will have access;
(c) confirmation of the justification for the need for access to classified information by the responsible person, the Security Director or by any person who provides classified information to a natural person, including the designation of a specific location or function provided for in Article 69 (1) (b) of the Act and the inclusion of that location or function in that inventory;
(d) the specifications of the classified information already provided or generated at the site or function and the classified information which will be provided or may be generated there.
Justification of the application for a document under Section 99 (1) of the Act
The reasons for the application for a document shall include:
(a) sensitive activities to be carried out by a natural person on the basis of a document issued;
(b) the provision of another law under which a sensitive activity will be pursued;
(c) confirmation of the reasons for carrying out a sensitive activity by or by the responsible person, including a description of the specific location or function relating to the exercise of a sensitive activity.
Documents pursuant to § 94 (2) (b) of the Act attached to the application of a natural person and documents pursuant to § 99 (2) (c) of the Act attached to the application for proof
(1) The natural person shall accompany the request of the natural person or the request for proof:
(a) the birth or birth certificate and, where appropriate, other similar documents; and
(b) the employer's certificate of income, indicating the amount of income after deduction of statutory contributions, in the case of another type of income tax return or other document confirming that income, in the last 5 years.
(2) The documents referred to in paragraph 1 may be submitted by a natural person in a copy.
(3) The procedure and form for the lodging of the documents referred to in paragraph 1 are laid down in Paragraph 9 (3).
Application by a natural person pursuant to § 94 (4) and (5) of the Act
(1) A request from a natural person submitted pursuant to § 94 (4) and (5) of the Act shall be accompanied by a questionnaire from a natural person stating:
(a) basic identification data, within the scope of name, surname, birth number, if not allocated, date of birth;
(b) income, indicating its amount after deduction of statutory contributions for the period from the submission of the previous application; and
(c) data which have changed during the period of validity of the certificate of the natural person and have not been notified in accordance with Paragraph 10.
(2) The information referred to in paragraph 1 (b) and (c) shall be accompanied by the documents referred to in Article 6 (1) and (2) and in the manner and form provided for in Article 9.
Application for a document pursuant to § 99 (4) and (5) of the Act
(1) The application for a document submitted pursuant to § 99 (4) and (5) of the Act shall be accompanied by a questionnaire stating:
(a) basic identification data, within the scope of name, surname, birth number, if not allocated, date of birth;
(b) income, indicating its amount after deduction of statutory contributions for the period from the submission of the previous application; and
(c) particulars which have changed during the period of validity of the document and have not been notified in accordance with Article 10.
(2) The information referred to in paragraph 1 (b) and (c) shall be accompanied by the documents referred to in Article 6 (1) and (2) and in the manner and form provided for in Article 9.
Method and form of submission of applications and notification of changes
(1) A request by a natural person, a request for evidence, a declaration of non-compliance, a declaration by a natural person of impartiality and a declaration of personality shall be made in paper form or by delivery to the National Security Office's data box or in electronic form (1).
(2) The natural person questionnaire and the questionnaire should be submitted in paper form and delivered to the National Security Office's data box or in electronic form in the format set out on the National Security Office's website. The electronic submission may also be made on the technical medium.
(3) The documents referred to in Article 6 and the notification of amendments referred to in Article 10 may be submitted in paper form or by delivery to the National Security Office's data box or in electronic format (1).
(4) The electronic templates of the models listed in Annexes 1 to 6, 8 to 11 and 13 to this Decree are published by the National Security Authority on its website.
(5) The appearance of the paper form of the completed questionnaire of the natural person and the completed questionnaire shall correspond to the appearance of the display in electronic form.
Limitation of the reporting of data changes
(1) A natural person who has made an application for a natural person, a natural person who has made an application for a document or a natural person holding a certificate issued by a natural person or document shall notify the National Security Office only:
(a) change of address for service;
(b) the change of employer;
(c) acquisition of immovable property situated outside the Czech Republic;
(d) the opening of criminal proceedings, including an indication of when and by whom it was initiated and on what grounds;
(e) the creation of commitments whose nominal value, individually or in total, exceeds CZK 100,000 or five times its average monthly income after deduction of compulsory statutory contributions, whichever amount is higher, only if the obligation arises between natural persons; or
(f) a change in the data for the person of the spouse or partner and persons over the age of 18 who live in the household; the natural person who has applied for or holds the document does not indicate any change to that information;
(g) treatment related to alcohol consumption, the use of narcotic drugs or psychotropic substances or to participation in gambling; or
(h) a change in the declaration of personality.
(2) The natural person who has made an application for a natural person or the natural person holding a certificate issued by a natural person shall notify, to the extent of the items of the questionnaire of the natural person listed in Annex 6 to this Decree, the amendments referred to in points (a) to (g) of paragraph 1.
(3) The natural person who has applied for the document or the natural person holding the document issued shall notify, to the extent of the questionnaire items listed in Annex 6, the amendments referred to in points (a) to (e) and (g) of paragraph 1 of this Order.
(4) The natural person referred to in Paragraph 140 (1) (a) of the Act, other than the information referred to in paragraph 1, announces to the intelligence service:
(a) a change in membership of associations, foundations and community-friendly companies;
(b) the acquisition or disposal of a movable item whose value exceeds CZK 100,000 or five times its average monthly income after deduction of compulsory statutory contributions, whichever is the higher,
(c) the acquisition or disposal of immovable property, unless notified pursuant to paragraph 1 (c);
(d) the creation of commitments whose nominal value, individually or in total, exceeds CZK 100,000 or five times its average monthly income after deduction of compulsory statutory contributions, whichever is the higher, unless notified under paragraph 1 (e),
(e) the formation of claims whose nominal value, individually or in total, exceeds CZK 100,000 or five times its average monthly income after deduction of compulsory statutory contributions, whichever is the higher,
(f) an exceptional repayment of the liability, exceeding the value of CZK 100,000 or five times its average monthly income after deduction of statutory contributions, whichever is the higher; or
(g) the enforcement order.
Repeal
Decree No 527 / 2005 Coll., on the establishment of models in the field of human safety and safety, and on the lists of documents attached to the application for the issue of a natural person's certificate and the application for a document on the safety competence of a natural person and on the manner in which such applications are to be submitted (Personnel Safety Order), is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 2012.
Director:
Ing.
Příloha č. 1
Annex No 1 to Decree No 363 / 2011 Coll.
Model
DECLARATION OF THE PHYSICAL PERSON ON JUSTICE
(§ 7 of Act No. 412 / 2005 Coll.)
Příloha č. 2
Annex No 2 to Decree No 363 / 2011 Coll.
Model
DECLARATION ON PERSONAL ELEMENTS
(Section 13 of Act No. 412 / 2005 Coll.)
Příloha č. 3
Annex 3 to Decree No 363 / 2011 Coll.
NOTIFICATION
on compliance with the conditions for access to classified information
Reserved (Section 6 of Act No. 412 / 2005 Coll.)
Příloha č. 4
Annex No 4 to Decree No 363 / 2011 Coll.
LEARNING
Pursuant to § 9 (1) / § 11 (2) * of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence
Příloha č. 5
Annex No 5 to Decree No 363 / 2011 Coll.
Model
REQUEST OF THE PHYSICAL PERSON
(§ 94 paragraph 1 of Act No. 412 / 2005 Coll.)
Příloha č. 6
Annex No 6 to Decree No 363 / 2011 Coll.
Příloha č. 7
Annex No 7 to Decree No 363 / 2011 Coll.
CERTIFICATE
natural persons
Příloha č. 8
Annex No 8 to Decree No 363 / 2011 Coll.
Model
APPLICATION FOR THE CERTIFICATE OF PHYSICAL PERSON FOR A FOREIGN MOC
(§ 57 (2) of Act No. 412 / 2005 Coll.)
Příloha č. 9
Annex No 9 to Decree No 363 / 2011 Coll.
Model
APPLICATION FOR RECOGNITION OF THE PHYSICAL PERSON SAFETY
(Paragraph 62 (2) of Act No. 412 / 2005 Coll.)
Příloha č. 10
Annex No. 10 to Decree No. 363 / 2011 Coll.
_
Příloha č. 11
Annex No 11 to Decree No 363 / 2011 Coll.
Model
REQUEST FOR DOCUMENT
(§ 99 (1) of Act No. 412 / 2005 Coll.)
Příloha č. 12
Annex No 12 to Decree No 363 / 2011 Coll.
DOCUMENT
on the safety capability of a natural person
Příloha č. 13
Annex No 13 to Decree No 363 / 2011 Coll.
Model
DECLARATION OF OBLIGATIONS OF THE MOLLENCY
pursuant to Paragraph 52 (2) of the Tax Code
1) Paragraph 89 (8) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended by Act No. 255 / 2011 Coll.
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Regulation Information
| Citation | Decree No. 363 / 2011 Coll., on Personnel Security and Safety Capability |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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