Act No. 38 / 2008 Coll.
Foreign Trade in Goods Act which could be used for the execution of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
Valid
Law
Effective from 01.04.2008
38
THE LAW
of 17 January 2008
on the foreign trade in goods which could be used for the execution of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
Parliament has decided on this law of the Czech Republic:
FOREIGN TRADE WITH GOODS WHICH MAY BE USED FOR THE EXERCISE OF DEATH, MURDER OR OTHER NUCLEAR, NON-HUMAN OR SUCCESSFUL INSTALLATION OR TESTING
Preliminary provisions
(1) This law regulates, following the directly applicable European Union law governing foreign trade in certain goods which could be used for the enforcement of the death penalty, torture or other cruel, inhuman or degrading treatment or penitation1) ("Council Regulation '),
(a) the rights and obligations of persons related to foreign trade in goods; and
(b) the exercise of the state administration related to the authorisation and control of foreign trade in goods.
(2) For the purposes of this Act:
(a) foreign trade in goods by export, import, transit or provision of brokering services or technical assistance related to goods;
(b) goods or services as defined in the Council Regulation.
Scope
Ministry of Industry and Trade ("Ministry ')
(a) decide on the issue
1. authorisation to export, import or transit goods;
2. authorisation to provide brokering services or technical assistance;
(b) cooperate with the competent authorities of the European Union and the Member States of the European Union.
Application for authorisation
An application for authorisation to export, import or transit goods and an authorisation to provide brokering services or technical assistance with goods shall be made in writing using an electronic form published in a manner laid down by the law governing the right to digital services (hereinafter referred to as the "electronic form '). The request shall contain, in addition to the general requirements, the information provided for in the Council Regulation.
Decision on the application
(1) Following a request pursuant to Article 3, the Ministry shall decide in accordance with the Council Regulation.
(2) In the case of exports of goods listed in Annex III to the Council Regulation, the Ministry shall also decide in accordance with the binding opinion of the Ministry of Foreign Affairs.
(1) The Ministry of Commerce for Export, Import or Transit of Goods and the authorisation to provide brokering services or technical assistance with goods shall cancel if:
(a) has been issued on the basis of incorrect or incomplete data;
(b) the conditions laid down in the authorisation are not complied with; or
(c) the State of final destination of the goods or technical assistance has ceased to provide sufficient guarantees that the goods will not be used for the execution of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, including court-ordered bodily penalties, carried out by a law enforcement authority, or any natural or legal person.
(2) The Ministry may amend or revoke the authorisation to export, import or transit goods and the authorisation to provide brokering services or technical assistance with goods if the circumstances in which it was granted change.
(3) The Ministry shall suspend the validity of the authorisation to export, import or transit goods and the authorisation to provide brokering services or technical assistance with goods for the period strictly necessary to investigate whether the conditions for its amendment or cancellation are given.
(4) Submission of decomposition against a decision under paragraphs 1 to 3 shall not have suspensory effect.
Obligations of the holder of the authorisation to export, import or transit goods
(1) The holder of the authorisation to export, import or transit goods shall enter on the customs declaration the authorisation number.
(2) The holder of the authorisation to export, import or transit goods shall inform the Ministry of Use of the authorisation in the calendar half-year by the 10th day of each month following the end of that calendar half-year. The information shall be submitted in writing using an electronic form. In addition to the general particulars of the submission, information contained in the application for authorisation and in the authorisation granted may be requested in the information relating to transactions executed on the basis of such authorisation, the scope of which shall be provided for in the implementing legislation.
(3) Where the Ministry so provides in the authorisation, the exporter of the goods shall, within 30 days of the day following the date on which the export took place, submit proof of verification of the delivery issued by the competent authority of the State of final destination confirming receipt of the goods in that State.
Obligations of the authorisation holder to provide brokering services or technical assistance
The holder of an authorisation to provide brokering services or technical assistance shall inform the Ministry without delay of the form and extent of brokering services or technical assistance provided or of the failure to use the authorisation during its period of validity.
Customs office
(1) The customs office of export, import or transit shall confirm the existence of an export, import or transit operation.
(2) The customs office shall, in accordance with the procedure laid down in the Act governing the customs administration of the Czech Republic, detain goods where there are reasonable grounds for suspecting that they are trade in goods which could be used for the enforcement of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment under the Regulation.
Supervision
(1) Supervision of compliance with the obligations laid down in the Council Regulation and in this Act is carried out by the customs office.
(2) The Directorate-General for Customs will provide the Ministry, to the extent necessary for the exercise of the Ministry's competence under this Act, with the information established by the Customs Office in the exercise of its competence under this Act.
(3) The Directorate-General for Customs is responsible for ensuring the supervision of the records of exports carried out, imports of goods and the records of infringements relating thereto, broken down by authorisation issued. The Ministry shall inform the data in this register. The customs authorities shall keep such records according to their territorial competence. The disclosure by the Directorate-General for Customs referred to in paragraph 2 shall not constitute a breach of confidentiality under the tax rules.
Transfers
(1) A natural, legal or commercial natural person commits an offence in breach of a Council Regulation
(a) export or import the goods listed in Annex II to the Council Regulation;
(b) export the goods listed in Annex III or IIIa to the Council Regulation without authorisation to export;
(c) transit the goods listed in Annex II, III or IIIa to the Council Regulation;
(d) sell or purchase advertising space or advertising broadcasting time related to goods listed in Annex II to the Council Regulation;
(e) issue or offer for sale at exhibitions or fairs in the territory of a Member State of the European Union the goods listed in Annex II to the Council Regulation;
(f) provide training, brokering services or technical assistance related to goods listed in Annex II to the Council Regulation;
(g) provide brokering services or technical assistance related to goods listed in Annex III to the Council Regulation;
(h) provide brokering services or technical assistance related to goods listed in Annex IIIa to the Council Regulation.
(2) A natural, legal or business natural person commits an offence as an exporter by exporting goods contrary to the export permit.
(3) A natural, legal or commercial natural person, as an importer, commits an offence by importing goods contrary to the import permit.
(4) A natural, legal or commercial natural person, as holder of a transit authorisation, commits an offence by transiting goods in contravention of a transit authorisation.
(5) A natural, legal or business natural person, as holder of an authorisation to provide brokering services or technical assistance, commits an offence by providing brokering services or technical assistance contrary to the authorisation to provide brokering services or technical assistance.
(6) A natural, legal or business natural person commits an offence by:
(a) give an incorrect indication in the application for authorisation to export, import or transit the goods or provide falsified, modified or invalid documents;
(b) give an incorrect indication in the application for authorisation to provide brokering services or technical assistance related to goods or provide falsified, modified or invalid documents.
(7) A natural, legal or business natural person commits an offence as an exporter by:
(a) in contravention of Paragraph 6 (2), they shall not notify the export of the goods carried out or that they have not used the authorisation; or
(b) in contravention of Article 6 (3), it shall not provide proof of verification of delivery.
(8) A natural, legal or commercial natural person, as an importer, commits an offence by not notifying the import of the goods carried out in breach of Article 6 (2) or by not using the authorisation.
(9) A natural, legal or business natural person, as holder of an authorisation for the provision of brokering services or technical assistance, commits an offence by not informing the Ministry, contrary to Article 7, of the form and extent of brokering services or technical assistance provided or of not using the authorisation for the provision of brokering services or technical assistance.
(10) A penalty may be imposed in respect of an offence:
(a) 10 000 000 CZK if the offence referred to in paragraphs 1 to 5 is committed,
(b) 5 000 000 CZK if it is an offence pursuant to paragraph 6;
(c) 800 000 CZK if it is an offence pursuant to paragraph 7 (b) or paragraph 9;
(d) 500 000 CZK if it is an offence pursuant to paragraph 7 (a) or paragraph 8.
Common provisions on infringements
(1) Transfers under this law shall be dealt with by the customs office. The customs office responsible for handling the offence may refer the case to the customs office in whose administrative district the registered office or, where applicable, the place of business of the legal person or place of business or place of residence of the natural person suspected to have committed the offence.
(2) An attempt to commit an offence under Article 11 (1) to (5) shall be punishable.
Common provisions
In order to ensure the implementation of this Act, the Ministry may request from the State authorities an opinion on individual applications and information on applicants for authorisation, including information on their business, if they relate to foreign trade in goods. These authorities are required to issue an opinion unless special legislation4) within 20 days of receipt of the application or in agreement with the Ministry within a reasonably extended period.
Authorisations shall be non-transferable and shall not be transferred to the successor.
Authorisation provisions
The Government shall issue a regulation implementing Articles 3 and 6 (2).
Amendment to Act No. 634 / 2004 Coll., on Administrative Charges, as amended
In the Annex to Act No. 634 / 2004 Coll., on administrative fees, as amended by Act No. 217 / 2005 Coll., Act No. 228 / 2005 Coll., Act No. 357 / 2005, Act No. 361 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 545 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 48 / 2006 Coll., Act No. 56 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 109 / 2006 Coll., Act No. 112 / 2006 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., Act No. 104.
"Heading 105a
| Udělení povolení k vývozu nebo dovozu zboží nebo poskytnutí technické pomoci udělované podle zvláštního právního předpisu64a) | Kč 500. |
64a) Act No. 38 / 2008 Coll., on the export and import of goods which could be used for the enforcement of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, and on the provision of technical assistance related to such goods, and amending Act No. 634 / 2004 Coll., on administrative fees, as amended. Council Regulation (EC) No 1236 / 2005 of 27 June 2005 on trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. '
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
1) Council Regulation (EC) No 1236 / 2005 of 27 June 2005 on trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, as amended.
4) For example Act No. 153 / 1994 Coll., on intelligence services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on Security Information Service, as amended.
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Regulation Information
| Citation | Act No. 38 / 2008 Coll., on Foreign Trade in Goods which could be used for the execution of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2008 |
|---|---|
| Effective from | 01.04.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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