Act No. 48 / 2000 Coll.
Law on measures in relation to the Taliban Afghan movement
Valid
Law
Effective from 14.03.2000
Text versions:
01.01.2006
14.03.2000
48
THE LAW
of 1 March 2000
on measures in relation to the Taliban Afghan movement
Parliament has decided on this law of the Czech Republic:
Basic provisions
(1) Everyone shall comply with international sanctions against the Taliban of the United Nations Security Council or the Council of the European Union in accordance with this Act.
(2) If the United Nations Security Council or the Council of the European Union adopt international sanctions against the Taliban to the extent that they do not exceed the provisions of Sections 3 to 6 of this Law, the Government may, by regulation, provide for, amend, suspend, revoke or renew prohibitions and other restrictions in a manner consistent with those authorities' decisions on such international sanctions.
Definition of terms
This law means:
(a) the Taliban Taliban, which also calls itself the Islamic Emirates of Afghanistan, its authorities and representatives;
(b) the sanctioned Taliban entity;
(c) the sanctioned territory of the Islamic Republic of Afghanistan controlled by the Taliban; the Government may, subject to a decision of the Security Council of the United Nations or of the Council of the European Union, provide for the provision by a regulation that the other territories of the Islamic Republic of Afghanistan, on a case-by-case basis, are also understood as other territories of the Islamic Republic of Afghanistan;
(d) a sanctioned person:
1. a natural person who is in a relationship with the Taliban similar to what exists between the State and its citizen;
2. another natural person normally residing in the sanctioned territory, with the exception of citizens of the Czech Republic;
3. a legal person or institution having its registered office in the sanctioned territory, including its branches or other organisational units; or
4. another person directly or indirectly controlled by the persons referred to in points 1, 2 and 3;
(e) Czech person
1. Czech Republic,
2. citizen of the Czech Republic,
3. other natural person entitled to temporary or permanent residence in the Czech Republic, 1)
4. legal person or institution having its registered office in the Czech Republic, including local authorities; 2)
(f) goods of any object, raw material, product or service, with the exception of cultural goods, whether or not any consideration is given for it;
(g) sanctioned goods owned, held or otherwise controlled by a sanctioned entity or a sanctioned person;
(h) goods owned, held or otherwise controlled by a Czech person;
(i) other goods which are not Czech goods or sanctioned goods;
(j) means of transport means of equipment suitable in particular for the carriage of persons, baggage, goods or mail;
(k) means of transport of the sanctioned body means of transport
1. flying a flag, imatriculated, owned, held, operated or used by, or otherwise controlled by, a sanctioned entity; or
2. owned, held, operated, used or otherwise controlled by a sanctioned person;
(l) Czech means of transport
1. flying the flag of, imatriculated, owned, held or used by, or otherwise controlled by, the Czech Republic; or
2. owned, held, used or otherwise controlled by the Czech person;
(m) another means of transport which is neither the Czech means of transport nor the means of transport of the sanctioned body;
(n) cultural goods
1. work of art and objects of cultural value, 3)
2. cultural monuments, national cultural monuments and their collections, 4)
3. public cultural performances;
(o) by controlling an effective factual or legal possibility by acting in a fundamental way to influence the behaviour of another person, the use of the cause or the course of events in a particular territory.
Trade and services
In the field of trade and services, international sanctions against the Taliban may consist of restrictions or prohibitions
(a) the importation or purchase, sale or any other treatment by Czech persons or in Czech territory of the goods which are sanctioned;
(b) the export, sale or other disposal of Czech goods to a sanctioned entity or sanctioned persons or to a sanctioned territory;
c) transit of Czech goods through the sanctioned territory and sanctioned goods through the Czech Republic,
(d) transit through the territory of the Czech Republic of other goods to the sanctioned territory or designated sanctioned entity or persons;
(e) the provision of any other services by Czech persons for the benefit of, and the conclusion of transactions in, a sanctioned entity or sanctioned persons,
(f) transfers of funds from and to accounts held for the benefit of a sanctioned entity or sanctioned persons by Czech persons or within the territory of the Czech Republic;
(g) remuneration of funds in such accounts;
(h) any other provision of funds and financial and economic resources by Czech persons or from the territory of the Czech Republic to a sanctioned entity or sanctioned persons;
(i) the conclusion of insurance contracts or transactions from such contracts in favour of a sanctioned entity or sanctioned persons; or
(j) any other activity which would support or seek to promote the activities referred to in points (a) to (e).
Transport and connections
(1) In the field of transport, international sanctions against the Taliban may consist of restrictions or prohibitions
(a) the entry of Czech means of transport into the sanctioned territory;
(b) the entry of other means of transport through or from the territory of the Czech Republic into the sanctioned territory;
(c) crossing the national borders of the Czech Republic by means of means of transport of a sanctioned entity, whether for the purposes of entering or leaving the territory of the Czech Republic,
(d) any physical or legal disposition with means of transport of a sanctioned entity located in the Czech Republic;
e) provision of Czech means of transport to a sanctioned entity;
(f) the repair and provision of spare parts, components or tools necessary for the repair or modification of the means of transport of the sanctioned entity; or
(g) any other activity which would support or seek to promote the activities referred to in points (a) to (f).
(2) In the area of links, international sanctions against the Taliban may consist of restrictions or prohibitions
(a) acceptance for transport and transport from or through the territory of the Czech Republic of postal and other consignments to or intended for the sanctioned territory;
(b) the provision of telephone, telegraph or other similar links to a sanctioned entity or to a sanctioned territory;
(c) radio, television or other broadcasting in sanctioned territory; or
(d) any other activity which would support or seek to support the activities referred to in (a) to (c).
Technical infrastructure
In the field of technical infrastructure, international sanctions against the Taliban may consist of restrictions or prohibitions on the supply of energy and the supply of raw materials, machinery and equipment necessary for its production from or through the territory of the Czech Republic to a sanctioned entity or sanctioned persons or in a sanctioned territory.
Scientific, technological, cultural and sporting contacts
(1) In the field of scientific and technical relations, international sanctions against the Taliban may consist of restrictions or prohibitions on:
(a) carrying out scientific or technical research, programmes and projects involving together Czech persons and a sanctioned entity or sanctioned persons;
(b) the provision of apparatus and equipment by Czech persons or from the territory of the Czech Republic to a sanctioned entity or to sanctioned persons for the purpose of their use for scientific or technical research, programme or project;
(c) providing information on the scientific and technical research, programmes and projects of Czech persons and their results to a sanctioned entity or sanctioned persons or to a sanctioned territory, if such information and results are not publicly available;
(d) the provision of patents and patent rights of Czech persons to a sanctioned entity or sanctioned persons; or
(e) any other activity which would support or seek to promote the activities referred to in points (a) to (d).
(2) In the field of cultural relations, international sanctions against the Taliban may consist of restrictions or prohibitions on:
(a) the provision of cultural goods by Czech persons or from Czech territory to a sanctioned entity, sanctioned persons or to a sanctioned territory;
(b) the reception of cultural goods by Czech persons or in Czech territory from a sanctioned entity, sanctioned persons or from a sanctioned territory, unless it is temporary admission for the purpose of the rescue, protection and preservation of cultural goods directly threatened by armed conflict or natural disaster or of returning cultural goods to the Czech person;
(c) the provision of copyright and related rights of Czech persons to a sanctioned entity or persons; or
(d) any other activity which would support or seek to support the activities referred to in (a) to (c).
(3) In the field of sport relations, international sanctions against the Taliban may consist of restrictions or prohibition
(a) participation of persons or groups representing a sanctioned entity or sanctioned persons at sports events or other sporting events organised in the Czech Republic or by Czech persons;
(b) participation of Czech persons or groups representing the Czech Republic in sports events organised by a sanctioned entity or in a sanctioned territory; or
(c) any other activity which would support or seek to promote the activities referred to in (a) and (b).
Exceptions
The provisions of this Act shall not apply:
(a) for the provision of treatment and medical care;
(b) humanitarian aid, unless it is restricted by a decision of the competent international authority; the supply of food, clothing, medicines, medical supplies and other humanitarian needs necessary for health protection, life-saving and decent accommodation of civilians are considered to be such assistance,
(c) the provision of social security benefits, state social security benefits, pension insurance benefits, sickness insurance benefits (care), the physical security of jobseekers and the payment of social security premiums and the contribution to national employment policy and general health insurance premiums;
(d) the provision of wages, compensation for wages, severance payments and other payments resulting from employment or similar employment relationships;
(e) to provide maintenance,
(f) compensation for damage caused by an activity which is unrelated to the implementation of international sanctions under this law and to the payment of insurance premiums related thereto;
(g) to obtain the case on the basis of an inheritance from a sanctioned person; or
(h) for the payment of a claim by a sanctioned entity or a sanctioned person, where that claim does not result in violations of international sanctions.
Save fines
(1) A fine of up to CZK 5 000 000 000 may be imposed on a natural or legal person for breach of obligations to the extent prescribed by the Government to implement § 1.
(2) The amount of the fine shall be determined in the light of the degree, importance and duration of the threat to the foreign policy or security interests of the State or, where appropriate, the damage caused by the infringement.
(3) The imposition of a fine for breach of obligations to the extent required by a Government order issued for the implementation of Paragraph 1, committed by a natural person, shall be waived if that person has not caused such infringement or if the degree of danger of such infringement is negligible due to its gravity, duration and consequences.
(4) If particularly important foreign policy or security interests of the state are threatened by such a breach, the fine may be imposed up to CZK 30 000 000.
(5) The fine is imposed within the limits of their competence by the Ministry and other public authorities. 5)
(6) Decomposition against the decision imposing a fine does not have suspensory effect.
(7) The fines shall be collected by the customs office in whose territory the Ministry which has imposed the fine is situated.
(8) The fines are the income of the state budget.
(9) The fine may be imposed within 3 years of the date on which the infringement of those obligations was detected, but no later than 10 years after the infringement occurred.
(1) Together with the fine provided for in Article 8, the forfeiture of a case which is owned by the person to whom the fine was imposed may be imposed as a penalty if the
(a) used or intended to act in breach of, or obtained by, the obligations under this law; or
(b) obtained by the case referred to in (a).
(2) It becomes the owner of the lost cause.
(3) Paragraph 8 (5) and (6) shall apply mutatis mutandis.
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws.
2) Article 101 of the Constitution.
3) Act No. 71 / 1994 Coll., on the sale and export of objects of cultural value.
4) Act No. 20 / 1987 Coll., on State Heritage Care, as amended.
5) Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended.
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Regulation Information
| Citation | Act No. 48 / 2000 Coll., on Measures in Relation to the Afghan Movement of the Taliban |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.2000 |
|---|---|
| Effective from | 14.03.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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