Act No. 383 / 2022 Coll.
Law amending certain laws in the field of foreign trade in sensitive material in connection with the digitisation of public administration
Valid
Law
Effective from 01.03.2023
Text versions:
01.03.2023
09.12.2022
383
THE LAW
of 3 November 2022
amending certain laws in the field of foreign trade in sensitive material in connection with the digitisation of public administration
Parliament has decided on this law of the Czech Republic:
Amendment to the Foreign Trade Act on Military Material
Act No. 38 / 1994 Coll., on the 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, as amended, Act No. 41 / 2002 Coll., Act No. 357 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 243 / 2016 Coll., Act No. 183 / 2017 Coll., is amended as follows:
1. In the title of the Act, the words "and 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" shall be deleted.
2. In Article 6, the words "and 12b 'shall be added at the end of the text of paragraph 1.
3. In Article 7 (1) (b) (4), the words "capable of legal action 'are replaced by the words" fully arbitrary'.
4. Paragraph 9 (3) reads as follows:
"(3) The application for authorisation shall be made in writing, using an electronic form published in the manner laid down by the law governing the right to digital services (" the electronic form "). ';
5. Paragraph 10 (2) reads as follows:
"(2) The person who has been authorised is required to notify and document in writing to the Ministry the amendment of any information contained in the application for authorisation or documents accompanying the application; This does not apply in respect of changes in the data contained in public administration information systems to which the Ministry has access in connection with the exercise of its powers under this Act. The notification of the change shall be made in writing using the electronic form within 30 days of the date on which the change occurred. ';
6. In Article 10, the following paragraph 3 is added:
"(3) The holder of an authorisation carrying out a transfer of military material from another Member State of the European Union to the territory of the Czech Republic shall inform the Ministry of the implementation of such transfer within 30 days of the date of its implementation. The information shall be submitted in writing using an electronic form. ';
7. in Article 12a (3):
"(3) Applications for licence certificates shall be made in writing using an electronic form. ';
8. In Article 12a, paragraphs 4 to 6 are added:
"(4) The licence certificate shall contain the information referred to in paragraph 2 (a). The licence certificate shall not replace the obligation of entities other than the Ministry of Defence or the Ministry of Interior to conduct trade in military material on the basis of a permit or licence under this Act.
(5) The licence certificate referred to in paragraph 2 shall expire on the expiry of the period during which the trade in military material is to be carried out, as indicated in the licence certificate. If the licence certificate has expired, the Ministry of Interior or the Ministry of Defence shall return it to the Ministry within 15 days.
(6) The Ministry of Defence and the Ministry of Interior are required to inform the Ministry of the use of licence certificates by the tenth day of each month following the end of the first and second calendar half. The information shall be submitted in writing using an electronic form. In addition to the general particulars of the submission, the information contained in the application for the issue of a licence certificate and issued by a licence certificate relating to transactions executed on the basis of this licence certificate, the scope of which shall be determined by the implementing legislation, may be requested. ';
9. The following Section 12b is inserted after Section 12a:
(1) Trade in military material consisting of authorisations not listed in Section 12a may be carried out on behalf of the Czech Republic and in accordance with its foreign policy and security interests by the Ministry of Defence or by the Ministry of Interior on the basis of a government decision and under the conditions laid down by the Government.
(2) The Ministry shall issue licence certificates on presentation to the Ministry of Defence or to the Ministry of Interior on the basis of a government resolution pursuant to paragraph 1.
(a) applications for a licence certificate containing:
1. the designation, name and registered office of the State's organisational body;
2. the name, names, surnames and birth numbers of persons authorised for the Ministry of Defence or the Ministry of Interior to act;
3. the name of the State in which the trade in military material is carried out;
4. name of military material as defined in the Military Goods Controls, its quantities and manufacturing numbers, if any,
5. the heading or subheading of the combined tariff nomenclature, where applicable 3a),
6th contract price per unit of quantity of military equipment in CZK and total price in CZK,
7. the period at which trade in military material is to be carried out; and
8. Other data relating to the specific trade in military material;
(b) contracts concluded for trade in military material; and
(c) the end-use document of military material referred to in Article 15 (5).
(3) The licence certificate application shall be submitted in writing using an electronic form.
(4) The licence certificate shall contain the information referred to in paragraph 2 (a). The licence certificate shall not replace the obligation of entities other than the Ministry of Defence or the Ministry of Interior to conduct trade in military material on the basis of a permit or licence under this Act.
(5) The licence certificate referred to in paragraph 2 shall cease to exist by order of the Government or by the expiry of the period in which the trade in military material is to be carried out, as indicated in the licence certificate. If the licence certificate has expired, the Ministry of Interior or the Ministry of Defence shall return it to the Ministry within 15 days.
(6) The Ministry of Defence and the Ministry of Interior are required to inform the Ministry of the use of licence certificates by the tenth day of each month following the end of the first and second calendar half. The information shall be submitted in writing using an electronic form. In addition to the general particulars of the submission, the information contained in the application for the issue of a licence certificate and issued by a licence certificate may be requested in the information relating to transactions executed on the basis of this licence certificate, the scope of which shall be determined by the implementing legislation. ';
10.Paragraph 15 (6) reads:
"(6) Licence applications shall be submitted in writing using an electronic form. ';
11. in Article 17 (1), the sentences second and third are replaced by the sentences "The information shall be submitted in writing using an electronic form. In addition to the general procedural requirements, information contained in the licence application and the licence granted may be requested in the information relating to transactions carried out under this licence, the scope of which is laid down in the implementing legislation. ';
12.
International import certificate for military material imported into the Czech Republic is issued by the Ministry for Foreign Affairs. An application for an international import certificate shall be made in writing using an electronic form. The application may require, in addition to the general requirements of the application, the information contained in the licence application or, where applicable, in the licence if it has been granted, the scope of which is laid down in the implementing legislation. ';
13. in § 22b (5) of the introductory part of the provision, the words "Ministry. It shall notify the Ministry in writing 'shall replace it by' the Ministry, using the electronic form in which it shall appear '.
14. in Paragraph 22b (6):
"(6) The supplier shall inform the Ministry of transfers made under this general licence in the calendar half-year by the 10th day of the month following the end of that calendar half-year, to the extent that the information referred to in paragraph 7 is available. The information shall be submitted in writing using an electronic form. ';
15. in Paragraph 22b, paragraph 12 is deleted;
Paragraph 13 shall become paragraph 12.
16. in Paragraph 22g (4):
"(4) An application for a certificate shall be made in writing using an electronic form. ';
17. in Article 25 (3), the following point (b) is inserted after point (a):
"(b) fails to comply with the information obligation on transfers pursuant to § 10 (3) or § 22b (6),"
Points (b) to (d) shall be renumbered (c) to (e).
18. in Paragraph 25 (8) (a), "(c) or (d)" is replaced by "(d) or (e)."
19. in Article 25 (8) (b), the words "3 (b) or (b)" shall be inserted after the words "paragraph."
20. in Paragraph 25 (8) (c), "or (b)" is replaced by "or (c)";
21. in Article 27a (4), "(c) and (d)" shall be replaced by "(d) and (e)";
22. Part Six shall be deleted, including the title.
23. in § 33, the words "§ 9 (3), § 15 (7), § 17 (1), § 20 (4) and § 22g (4)" shall be replaced by "§ 12a (6), § 12b (6), § 17 (1), § 20 (4) and § 22."
Amendment of the Law implementing the European Community regime for the control of exports, transport, brokering and transit of dual-use items
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 by Act No. 281 / 2009 Coll., Act No. 343 / 2010 Coll., Act No. 243 / 2016 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. Paragraph 6 (2) reads as follows:
"(2) An exporter intending to export dual-use items on the basis of one of the general export authorisations provided for in Section 4 shall register with the Ministry in writing before the first use of such authorisation. The application for registration, in addition to the general requirements of the application, shall be submitted in writing using an electronic form published in the manner laid down by the law governing the right to digital services (hereinafter referred to as the electronic form). ';
2. Paragraph 6 (3) is deleted.
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
3. In Article 6, at the end of the text of paragraph 4, the words "this shall not apply in respect of amendments already registered in basic registers, in a commercial or other public register '.
4. Paragraph 6 (6) reads as follows:
"(6) The exporter shall inform the Ministry of exports made on the basis of general export permits in the calendar half-year by the 10th day of the 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, the information contained in the application for authorisation may be requested in respect of transactions executed on the basis of a registration, the scope of which is provided for in the implementing legislation. ';
5. Paragraph 7 (4) is deleted.
6. In Article 8 (1), the words "on the prescribed form 'are replaced by the words" in writing, using the electronic form' and at the end of the paragraph, the sentence "The application shall contain, in addition to the general particulars of the application, the particulars laid down in the Council Regulation '.
7. In Article 11, at the end of paragraph 5, the dot is replaced by a comma and the following point (d) is added:
"(d) inform the Ministry in writing, by the 10th day of the month following the end of the calendar half-year, of the use made of the authorisation in that previous calendar half-year, using an electronic form in which, in addition to the general procedural requirements of the submission, the information contained in the application for authorisation and in the authorisation granted concerning transactions carried out on the basis of that authorisation, the scope of which is provided for in the implementing legislation may be requested.";
8. In Article 13, the following paragraph 4 is inserted after paragraph 3:
"(4) A person transporting dual-use items within the Community shall be required to inform the Ministry in writing, by the 10th day of the month following the end of the calendar half-year, of the use of the authorisation in this previous calendar half-year, using an electronic form in which, in addition to the general procedural requirements of the submission, the information contained in the application for authorisation and the authorisation granted in respect of transactions executed on the basis of that authorisation, the scope of which is laid down in the implementing legislation. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
9. In Paragraph 14 (3), the words "on the form prescribed by him 'are replaced by" in writing, using the electronic form'.
10. Paragraph 14 (9) is deleted.
11. in Article 18 (1) (g), the words "by this law (§ 3 (4), § 6 (2) and (3), § 6 (5) to (8), § 11, and § 13 (5)" shall be replaced by "§ 3 (4), § 6 (2), (4), (5) or (6), § 11 or § 13 (4) or (6)."
12. in Article 18 (1) (h), the words "this Act (§ 6 (1), § 12, 13)" are replaced by the words "§ 6 (1), § 12 or 13,"
13. in Article 18 (1) (i), the words "this Act (Article 6)" shall be replaced by the words "Article 6 or Article 25 (3)."
14.
Authorisation provisions
Government
(a) issue a regulation implementing Articles 6 (6), 8 (1), 11 (5) (d) and 13 (4),
(b) may issue a regulation implementing Articles 3 (1) (d), 5 and 13 (1). "
Amendment of the Act on the Control of Trade in Products whose possession is restricted in the Czech Republic for security reasons
Act No. 228 / 2005 Coll., on the control of trade in products the possession of which is restricted for safety reasons in the Czech Republic and on the amendment of certain laws, as amended by Act No. 378 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 18 / 2012 Coll., Act No. 281 / 2013 Coll., Act No. 243 / 2016 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. In Article 1 (2), the words "and the models of applications for authorisation for transport and import (hereinafter referred to as" authorisations') 'are deleted.
2. In Article 2, at the end of the text of paragraph 1, the words "submitted in writing using an electronic form published in the manner provided for by the law governing the right to digital services (hereinafter referred to as the electronic form) 'shall be added.
3. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The person who has been granted an authorisation shall be required to inform the Ministry in writing, by the 10th day of the month following the end of the calendar half-year, of the use of the authorisation in this previous calendar half-year, using an electronic form in which, in addition to the general procedural requirements of the submission, the information contained in the application for authorisation and the authorisation granted in respect of transactions executed on the basis of that authorisation, the scope of which is laid down in the implementing legislation."
4. In Paragraph 8a (1), the words "in writing using an electronic form 'shall be added at the end of the first sentence and the last sentence shall be deleted.
5. In Article 8b, at the end of paragraph 5, the sentence "The provisions on the provision of information referred to in Article 6 (2) shall apply mutatis mutandis to the provision of information by persons authorised to export."
6.
International import certificate
International import certificate for specified products imported into the Czech Republic is issued by the Ministry for the needs of foreign natural and legal persons. An application for an international import certificate shall be made in writing using an electronic form. The application may require, in addition to the general requirements of the application, information contained in the application for authorisation and the authorisation granted, the scope of which shall be provided for in the implementing legislation. ';
7. in Article 14 (1) (c) and (d):
"(c) as a person who has been granted an export authorisation, he shall not return the export authorisation in breach of Article 6 (1) or Article 8 (2),
(d) as a person authorised to export, he does not comply with the obligation to inform the Ministry pursuant to Article 6 (2), "
8. in Article 15 (1) (c) and (d):
"(c) as a person who has been granted an export permit or an export permit, he shall, contrary to Article 6 (1) or Article 8 (2), not return the export permit or permit,
(d) as a person who has been granted an authorisation or export authorisation, he does not comply with the obligation to inform the Ministry pursuant to Article 6 (2); ';
9. In Article 18, "and § 8a (1) 'is replaced by", § 6 (2), § 8a (1) in conjunction with § 2 (2), (3) and (4) and § 9'.
Amendment to the Foreign Trade Act which could be used for the execution of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
Act No. 38 / 2008 Coll., on Foreign Trade in Goods which could be used for the execution of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, as amended by Act No. 281 / 2009 Coll., Act No. 183 / 2017 Coll. and Act No. 90 / 2018 Coll., is amended as follows:
1. In Article 3, the words "by means of a completed form, the model of which is published on the Ministry's website 'are replaced by the words" 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'), and the sentence" The application shall contain, in addition to the general requirements, the information provided for by the Council Regulation 'is added at the end of the section.
2. In Article 6 (2), the words "to notify the Ministry of Export, Import or Transit, as certified by the customs office of authorisation, or the fact that the authorisation has not been used during its period of validity 'are replaced by the words" to inform the Ministry of Use of the authorisation in the calendar half-year by the 10th day of the month following the end of that calendar semester' and the words "Information shall be submitted in writing using an electronic form at the end of the paragraph. In addition to the general particulars of the submission, information contained in the application for authorisation and the authorisation granted may be requested in the information relating to transactions executed on the basis of such authorisation, the scope of which is provided for in the implementing legislation. ';
3. the following Section 14a is inserted after Section 14:
Authorisation provisions
The Government shall issue a regulation implementing Articles 3 and 6 (2). ';
EFFECTIVE
This Law shall take effect on the first day of the third calendar month following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 383 / 2022 Coll., amending certain laws in the field of foreign trade in sensitive material in connection with the digitisation of public administration |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2022 |
|---|---|
| Effective from | 01.03.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 251
The regulation text is for informational purposes only.
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