Decree No. 397 / 2003 Coll.
Decree implementing Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended by Act No. 204 / 2002 Coll.
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Effective from 27.11.2003
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27.11.2003
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397
DECLARATION
of 11 November 2003
for the implementation of Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended by Act No. 204 / 2002 Coll.
The Ministry of Industry and Trade (hereinafter referred to as "the Ministry ') provides, pursuant to § 32, for the implementation of § 2 (2), § 6 (5), § 12 (5) and § 15 (3) of Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended by Act No. 204 / 2002 Coll., (hereinafter referred to as" the Act'):
Subject matter
The decree shall be amended as follows:
(a) a list of dual-use items, including software and technology, which, due to their nature, may be used for both civil and military purposes, including those which may be used for both non-explosive purposes and in particular for any form of support for the production of nuclear weapons or other nuclear explosive devices, chemical and biological weapons ("controlled goods") pursuant to Article 2 (2) of the Act;
(b) models of applications for individual licences pursuant to § 6 (5) and individual open licences pursuant to § 12 (5) of the Act,
(c) cases of export of controlled nuclear, chemical and biological goods of particular importance in terms of State interests, where the exporter is obliged to request prior consent from the Ministry to negotiate with a foreign partner prior to the conclusion of the contract under Article 15 (3) of the Act.
The list of controlled goods (1) according to § 2 (2) of the Act is set out in Annex 1.
(1) The model set out in Annex 2 shall be used for the submission of an application for an individual licence or an individual open licence for the export of controlled goods ("export licence application ').
(2) The model set out in Annex 3 shall be used for the submission of an application for an individual licence or an individual open licence for the import of controlled goods ("import licence application ').
Cases of export of controlled nuclear, chemical and biological goods of particular importance in terms of State interests, where the exporter is obliged to request prior consent from the Ministry to negotiate with a foreign partner before the conclusion of the contract, are listed in Annex 4, including the exceptions resulting from international agreements and arrangements with which the Czech Republic is bound in these cases.
The following shall be deleted:
1. Decree No. 43 / 1997 Coll., implementing Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes.
2. Decree No. 136 / 1999 Coll., amending Decree No. 43 / 1997 Coll., implementing Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes.
3. Decree No. 244 / 2001 Coll., amending Decree No. 43 / 1997 Coll., implementing Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended by Decree No. 136 / 1999 Coll.
4. Decree No. 298 / 2001 Coll., amending Decree No. 43 / 1997 Coll., implementing Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Urban v. r.
Příloha č. 1
Annex No 1 to Decree No 397 / 2003 Coll.
List of controlled goods
This list includes controlled goods, i.e. dual-use items, including software and technology, agreed by international control regimes (Wassenaar Arrangement, Missile Technology Control Scheme, Nuclear Suppliers Group and Australia Group) and the Chemical Weapons Prohibition Convention.
GENERAL NOTES ON THE LIST OF CHECKED GOODS AND TECHNOLOGY
1. The control of goods which are developed or modified for military use shall be carried out in accordance with Act No. 38 / 1994 Coll., on 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. 310 / 2002 Coll. The lists of military goods (referred to as the "Military Goods List ') are contained in the implementing legislation of that Act on Foreign Trade in Military Goods.
2. Control of items falling within the List of controlled goods and technology under international control regimes (hereinafter referred to as "the List") shall not be thwarted by the export of any uncontrolled goods (including investment units) containing one or more controlled items, provided that the controlled item or items constitutes an essential element of the goods and can be easily withdrawn or used for other purposes.
N.B.: When assessing whether a controlled item or items are to be considered as a substantial element, factors of quantity, value and technological knowhow used and other special circumstances which could make the controlled item or items a substantial element of the goods supplied shall be considered.
3. The goods specified in the List include both new and used goods.
NUCLEAR TECHNOLOGY NOTE
(Concerning Section E of Category 0.)
"Technology" directly associated with any goods controlled in Category 0 is controlled according to Category 0 provisions.
"Technology" for the "development," "production" or "use" of controlled goods remains under control, even if applicable to non-controlled goods.
The export permit also authorises the export of minimum "technology" to the same end user as is necessary for the installation, operation, maintenance and repair of the goods.
"Technology" control does not apply to information "publicly available" or "basic scientific research."
GENERAL TECHNOLOGY NOTE
(Concerning categories 1 - 9 of Section E)
Exports of "technology" which is "required" for the "development," "production" or "use" of goods controlled in categories 1 to 9 are controlled according to the provisions of categories 1 to 9.
"Technology" "required" for the "development," "production" or "use" of goods under control remains under control even if it is applicable to non-controlled goods.
Controls do not apply to "technology" which is the minimum necessary for the installation, operation, maintenance (inspection) and repair of goods not controlled or whose export has been authorised.
N.B.: The control of "technology" specified in 1E002.e., 1E002.f., 8E002.a. and 8E002.b. is not thereby released.
The control of "technology" does not apply to information "publicly available," "basic scientific research" or to the minimum information necessary for the use of patents.
GENERAL SOFTWARE NOTE
(This note takes precedence over the provisions of Sections D of Categories 0 to 9)
Category 0 to 9 of this list does not apply to the control of "software" which is either:
a. Commonly available to the public,
1. It shall be sold from a warehouse in retail trade, without restriction, through:
a. Pulse sales;
b. Orders by post;
c. Electronic orders; or
d. Telephone orders; and
2. It is intended for installation by the user without further substantial support from the supplier; or is
N.B.: The letter a. of the General Software Note does not release "software" specified in Category 5, Part 2 ("Information Security").
b.
DEFINITIONS OF TECHNICAL TERMS OF THIS ANNEXES
Dates in 'single quotation marks' are given in the notes for the relevant items.
Dates in "double quotation marks" are as follows:
N.B.: Category references are given in brackets after the defined date.
"Active pixel" (Cat 6 8) is the smallest (individual) element of a fixed matrix that has a photoelectric transmission function when exposed to light (electromagnetic) radiation.
"Active flight control systems" (7) (Active flight control systems) are systems whose function is to prevent undesirable movements of "aircraft" and "missiles" or structural loads by autonomously processing signals from multiple sensors and then providing the necessary preventive commands to perform automatic control.
"Signal analysers" (3) are instruments capable of measuring and displaying the basic characteristics of single-frequency components of multifrequency signals.
"Asymmetric algorithm" (5) (Asymmetric algorithm) is a coded algorithm that uses various mathematical-dependent keys for encryption and unencryption.
N.B.: "Asymmetric algorithm" is commonly used in a key economy.
"Asynchronous transmission mode" ("ATM") (5) (Asynchronous transfer mode) is the mode of transmission in which the information is organised into blocks; is asynchronous in the sense that the blocks follow according to the desired or immediate bit speed.
"ATM 'is equivalent to" Asynchronous mode of transmission' (Asynchronous transfer mode).
"Automatic target tracking" (6) is a device technique that automatically determines and provides an extrapolated value of the most likely target position in real time.
"Information security" (4 5 8) means all means and functions that protect the accessibility, confidentiality or integrity of information or communications, with the exception of devices and functions that are designed to protect against malfunction of functions. This includes "encryption," "cryptoanalysis," protection against unwanted leaks and computer security.
N.B.: 'Cryptoanalysis': analysis of the encryption system or its inputs and outputs to derive classified variables or sensitive data, including understandable text.
"CE" is equivalent to "Computing element."
"Total digital transfer rate" (5) (Total digital transfer rate) is the total number of bits, including line coding, additional bits, etc., per time unit, passing through the relevant device in the digital transmission system.
"Average output power" exceeding 1 W; or
"CEP" (7) (Circle of equal probability) is the degree of accuracy which is the radius of the circle with the centre of the target which reaches 50% of the transported payload at a certain range.
"Civil aircraft" (1 7 9) (Civil aircraft) is a "aircraft" which, according to the relevant provisions, is listed in the airworthiness certificate lists published by civil aviation authorities for operations on commercial domestic and foreign lines or for legitimate civil private or commercial purposes.
N.B.: See also "Aircraft."
"CTP 'is equivalent to" Composite theoretical performance'.
"Time constant" (6) is the time elapsed from the application of a light stimulus to the moment when the current increment reaches the size of 1-1 / e of the final value (i.e. 63% of the final value).
"Time-modulated ultra-wide band" (5) (Time- modulated ultra-wideband) means a technique in which very short, accurately timed RF impulses are modulated in accordance with communication data by means of a change in pulse position (usually called pulse position modulation, PPM - Pulse Position Modulation) directed or encoded in accordance with pseudo-random sound codes for PPM and then transmitted and received in the form of direct impulses without using carrier frequencies, resulting in an extremely low energy density in ultra-wide frequency bands. It's also known as impulse radio.
"Numerical control" (2) (Numerical control) is the automatic control of a process performed by a device using digital data, usually implemented during the operation (see ISO standard 2382).
"Digital Computer" (4 5) is a device capable of performing all of the following operations in the form of one or more discrete variables:
a. Receiving data;
b. Keep data or instructions in fixed or variable (i.e. with writing capability) memory devices;
c. Processing data through a saved sequence of instructions that can be modified; and
d. Ensure output data.
N.B.: Modifications to the saved sequence of instructions include replacement of fixed storage devices, but not physical change of connection or interconnection.
"Full engine control" (7 9) (Full authority digital engine control) means an electronic control system for internal combustion turbine or combined cycle engines using a digital computer to control engine thrust or power at the output shaft throughout the engine operating range from the start of the fuel supply to the closure of the fuel supply.
"Data-Based Referenced Navigation" (7) (DBRN) systems are systems that use different sources of previously measured geomaphase data integrated to provide accurate navigation information under dynamic conditions. These sources include deep maps, star maps, gravity maps, magnetic maps or three-dimensional digital terrain maps.
"DBRN" is equivalent to "Data Reference Navigation" systems.
"Deformable mirrors" (6) (Deformable mirror) also known as adaptive optical mirrors, having:
a. One continuous optical reflecting surface which is dynamically deformed by the application of isolated forces or force pairs to compensate for distortion of optical wave surfaces falling on the mirror; or
b. Quantities of optically reflecting elements which can be individually and dynamically moved by applying forces or force pairs to compensate for distortion of optical wave surfaces hitting the mirror.
"Diffusion bond" (1 2 9) means a molecular bonding of at least two different solid metal metals into a single piece with a coupling strength equal to or greater than the minimum fixed material.
"Frequency switching time" (3 5) is the maximum delay time required to switch a signal from one selected output frequency to another selected output frequency to achieve:
a. Frequency up to 100 Hz of the final frequency; or
b. Output levels up to 1 dB of the final output level.
"Adjusting time" (3) is the time needed to get an output with a half-bit tolerance to its final value when a transfer occurs between two arbitrary levels of the converter.
"Basic gate propagation delay time" (3) is the value of the delay time corresponding to the basic gate used in the "monolithic integrated circuit." For "series" of "monolithic integrated circuits," this delay can be specified either as a delay time for a typical gate or as a typical delay time for a typical gate.
N.B. 1: "Base gate delay time" shall not be confused with the delay between the input and output of a complex "monolithic integrated circuit."
N.B. 2: 'Series' consists of all integrated circuits, for which all the following characteristics are used as their production methodology and specifications except their respective functions:
a. Joint hardware and software architecture;
b. Common design and production technology; and
c. Common basic characteristics.
"Instrument range" (6) (Instructed range) is the range in which the radar provides a clear display.
"Drifting speed" (7) (Drift rate) is the time dependency of the gyro output deviation from the desired output. It consists of random and systematic components and is expressed as equivalent to the input angular shift relative to the inertial space per unit of time.
"Dynamic signal analysers" (3) (Dynamic signal analysers) are "signal analysers" using digital sampling and transformation techniques to display the Fourier spectrum of a given kmite, including phase and amplitude information.
N.B.: See also "Signal analysers."
"Dynamic adaptive routing" (5) (Dynamic adaptive routing) is an automatic redirection of operation based on continuous scanning and analysis of current network conditions.
N.B.: does not include cases of routing decisions taken on the basis of predefined information.
"Effective grammes" (0 1) means:
a. For plutonium and uranium isotopes 233 - weight in grams;
b. For uranium enriched in the isotope U-235 by 1% or more - the mass of the element multiplied by the square of its enrichment, expressed as the mass decimal fraction;
c. For uranium enriched in the isotope U-235, less than 1% - the mass of the element multiplied by 0,0001.
"Equivalent density" (6) (Equivalent density) means the optical mass per unit of optical surface projected on the optical surface.
"Electronic assembly" (3 4 5) (Electronic assembly) is a set of electronic components (i.e. 'circuit elements', 'discrete components', integrated circuits, etc.) combined to perform one or more specific functions; the element is interchangeable as a unit and normally capable of distribution.
N.B. 1: 'Circuit element': One active or passive functional element of one electronic circuit such as one diode, one transistor, one resistance, one capacitor, etc.
N.B. 2: 'Discrete component': Separately supplied 'circuit element' with its own external connections.
"Electronically steerable phased array antenna '(5 6) is an antenna that produces a beam by means of phase coupling, i.e. the direction of the beam is controlled by a complex of excitation coefficients of the radiation elements, the direction of which can be changed for both transmission and reception by means of an azimuth or angle of height or both, using an electrical signal.
"Elementary fibre" (1) (Monofilament) is the thinnest fibre component, usually with a diameter of several micrometres.
"Expert systems" (7) (Expert systems) are systems providing conclusions by application of data rules that are stored independently of the "program" and have one of the following capabilities:
a. Automatically modify the "source code" introduced by the user;
b. Provide knowledge associated with a certain class of problems in quasi-natural language; or
c. Get the knowledge required for your development (symbolic learning).
"Melt extraction" (1) (Melt extraction) is a process for "fast solidification" and extraction of an alloy strip by immersing a short segment of cooled rotating disc into a molten metal alloy bath.
N.B.: 'Fast solidification' means solidification of molten material at cooling speeds exceeding 1000 K / s
"FADEC 'is equivalent to" Full Authority Numerical Engine Control System'.
"Fraction bandwidth" (3) (Fractional bandwidth) means the "immediate bandwidth" divided by the mean frequency expressed as a percentage.
"Geographically dispersed" (6) (Geographically dispersed) - sensors (sensors) are considered to be geographically dispersed when each location is more than 1,500 m from the other in any direction. Mobile sensors are always considered "geographically dispersed."
"Indirect magnetic gradiometer" (6) is an individual magnetic field gradient sensor and associated electronics whose output is the magnetic field gradient.
N.B.: See also "Magnetic Gradiometers."
"Roundout '(2) means a radial shift at one spindle speed measured on a plane perpendicular to the spindle axis at a point on the external or internal rotary plane tested (see ISO 230 / 1 1986, paragraph 5.61).
"Main memory" (4) (Main storage) is a primary memory for data or instructions to which the basic unit has fast access. It remains from the internal memory of a "digital computer" and any of its hierarchical extensions, such as fast buffer or extended memory with non-sequential access.
"Main element" (4) (Principle element), as used in Category 4, is a "main element" when its exchange value is greater than 35% of the total value of the system of which it is an element. The value of the element is the price paid for the element by the system manufacturer or by the system compleber. The total value is the normal world selling price to ordinary customers at the point of production or supply.
"Hybrid integrated circuit" (3) means any combination of integrated circuits or integrated circuits and "circuit elements" or "discrete components" combined which perform one or more specific functions and have all of the following:
a. Contains at least one non-encapsulated component;
b. It is connected using typical manufacturing methods of integrated circuits;
c. It is replaceable as a unit; and
d. Normally he is unable to distribute.
N.B. 1: 'Circuit element': is a single active or passive functional part of an electronic circuit such as one diode, one transistor, one resistance, one capacitor, etc.
N.B. 2: 'Discrete component': separately in its own housing with a 'circuit element' with its own external connections.
"Hybrid computer" (4) is a device capable of performing all of the following:
a. Receiving data;
b. Processing data in both analogue and digital form; and
c. Provide output data.
"Chemical laser" (6) (Chemical laser) is a "laser" in which the ignited component is formed by energy released from the chemical reaction.
"Immunotoxin" (1) (Immunotoxin) is a conjugation of a single-cell specific monoclonal antibody with "toxin" or "under a unit of toxin" which selectively affects infected cells.
"Integrated Layer Type Circuit" (3) (Film type integrated circuit) is a system of 'circuit elements' and metal connections created by the vapour of a thick or thin layer on an insulating "substrate."
N.B.: 'Circuit element' is one active or passive functional part of the electronic circuit, e.g. one diode, one transistor, one resistance, one capacitor, etc.
"Contouring control" (2) means two or more "numerically controlled" movements operating in accordance with instructions specifying the additional required position and the required displacement rates. These feed speeds change in a reciprocal relationship by creating the desired contour (see ISO / DIS 2806 - 1980).
"Insulation" (9) (Insulin) is used on components of a rocket engine, i.e. casing, nozzles, inlets, casing closures and includes vulcanised or semi-drilled composite rubber preparations in the form of plates containing insulating or refractory material. It can also be used for linings or liners to remove internal tension.
"Isolated live cultures" (1) (Isolated live cultures) are live cultures in the form of a calm of vegetation and in dried preparations.
"Isostatic presses" (2) (Isostatic presses) are devices capable of exerting pressure in a closed cavity through various media (gas, liquid, solid particles, etc.) to achieve uniform pressure in all directions acting on the workpiece or material within the cavity.
"Hot isostatic densification" (2) (Hot isostatic densification) is a process in which the casting is subjected to a versatile pressure at temperatures exceeding 375 K (102 ° C) in a closed cavity by various means (gas, liquid, solid particles, etc.) to create the same forces in all directions to reduce or eliminate the voids of the casting.
"Nuclear reactor" (0) (Nuclear reactor) includes items that are or are directly associated with the reactor vessel, equipment for controlling the power of the core and parts that normally contain, come into direct contact with, or control the primary circuit coolant of the reactor.
"Single spectral imaging sensors" (6) (Monospectral imaging sensors) are sensors capable of obtaining image data from a single discrete spectrum band.
"Cable" (1) (Tow) is a bundle of "elementary fibres," usually approximately parallel.
"Cooling" (1) means the process of 'fast solidification' of a molten metal stream falling on a cooled block which produces a similar product to flakes.
N.B.: 'Fast solidification' is the solidification of molten material at cooling speeds exceeding 1000 K / s
"Frequency synthesizer" (3) means any type of frequency source or signal generator, regardless of the technique used, which provides several current or alternative output frequencies from or derived from one or more outputs, controlled by a smaller number of standard (or basic) frequencies.
"Compound rotary table" (2) (Compound rotary table) is a table that allows the rotation and tilting of the workpiece around two unparallel axes that can simultaneously be coordinated for "contouring control."
"Composite" (1 2 6 8 9) is a "matrix" and an additional component or additional component consisting of particles, whiskers, fibres or any combination thereof, present for one or more specific purposes.
"Pulse compression" (6) (Pulse compression) is the coding and processing of a long-lasting radar signal pulse for a short duration, while maintaining the benefits of high impulse energy.
"End-effectors" (2) (End-effectors) include clamps, "active tool units" and any other tools that are attached to the clamping plate at the end of the "robot" manipulator arm.
N.B.: 'Active tool unit' means a device for applying driving force, cutting force or measurement on a workpiece.
A "scale constant" (7) (gyro or accelerometer) (Scale factor) is the ratio of the output change to the input change to be measured for a gyro or accelerator. This constant is generally expressed as the slope of the line intersected by input and output data obtained by cyclic changes of input within its range, determined by the least squares method.
"Spacecraft" (7 9) is an active and passive satellite and space probe.
"Critical temperature" (1 3 6) (sometimes referred to as transition temperature) of a specific "superconductive" material is the temperature at which this material loses all resistance to direct current.
"Tunable" (6) is the ability of a "laser" to produce a continuous output of all wavelength in the range of several "laser" transitions. "Laser" with an optional line produces discrete wavelength in one "laser" transition and is not considered "tunable."
"Laser" (0 2 3 5 6 7 8 9) (Laser) is a assembly unit that produces both spatial and time-coherent light which is amplified by stimulated radiation emissions.
N.B.: See also "Chemical Laser";
"Laser with resonator quality modulation ';
"Superhigh performance laser";
"Transfer laser."
"Laser with resonator quality modulation" (6) (Q-switched laser) is a "laser" in which energy is stored in the inverse file system or in the optical resonator and is later transmitted as a pulse.
"Super High Power Laser" (6) ("SHPL") is a "laser" capable of delivering (whole or part) output energy exceeding 1 kJ over 50 ms, or having a mean or CW (continuous wave mode) power greater than 20 kW.
"Aircraft" (1 7 9) (Aircraft) is a fixed wing, rotary wing, rotary wing (helicopter), tilting rotor or tilting wing.
N.B.: See also "civil aircraft."
"Linearity" (2) (Linearity) (usually measured as non-linearity) is the maximum deviation of the actual characteristic (mean of values subtracted up and down in the scale range) positive or negative, from a line situated so as to balance and minimise the maximum deviations.
"Local network" (4) (Local area network) is a data communication system having all of the following characteristics:
a. Allows any number of independent 'data devices' to communicate directly with each other; and
b. It is geographically limited to areas of smaller size (e.g. office building, plant, university area, warehouse).
N.B.: 'Data equipment' is a device capable of transmitting or receiving digital information sequences.
"Magnetic gradiometers" (6) (Magnetic Gradiometers) are instruments designed to detect spatial changes in magnetic fields from sources located outside the apparatus. They consist of multiple "magnetometers" and related electronics, the output of which is the magnetic field gradient.
N.B.: See also "Gradiometer with custom magnetization."
"Magnetometers" (6) (Magnetometers) are instruments designed to detect magnetic fields from sources outside the apparatus. They consist of a single magnetic field sensor and the relevant electronics whose output is the measure of that magnetic field.
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Regulation Information
| Citation | Decree No. 397 / 2003 Coll., implementing Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended by Act No. 204 / 2002 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2003 |
|---|---|
| Effective from | 27.11.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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