Act No. 547 / 1990 Coll.
Law on the treatment and control of certain goods and technology
Valid
Effective from 01.02.1991
Contents
ČÁST I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
ČÁST II
HLAVA PRVNÍ
§ 7
§ 8
HLAVA DRUHÁ
§ 9
§ 10
HLAVA TŘETÍ
§ 11
§ 12
§ 13
HLAVA ČTVRTÁ
§ 14
§ 15
§ 16
§ 17
§ 18
ČÁST III
HLAVA PRVNÍ
§ 19
HLAVA DRUHÁ
§ 20
§ 21
HLAVA TŘETÍ
§ 22
§ 23
§ 24
§ 25
ČÁST IV
HLAVA PRVNÍ
§ 26
HLAVA DRUHÁ
§ 27
§ 28
§ 29
§ 30
§ 31
ČÁST V
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
547
THE LAW
of 5 December 1990
on the handling and control of certain types of goods and technology
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
GENERAL PROVISIONS
The subject matter of this Act is the conditions under which imports into the Czech and Slovak Federal Republic can be exported from the Czech and Slovak Federal Republic or otherwise handled by certain types of goods and technology and checked by customs authorities (the control regime).
(1) The control regime under this Act is subject to the goods and technology listed in the generally binding legislation ("controlled goods").
(2) For the purposes of this Act, technology shall mean information and production technical knowledge in materialised form or in electronic data transmission media such as models, prototypes, technical drawings and sketches, diagrams, light prints or manuals, or in materialised form of a training or technical kit which may be used to draw up technical plans, to manufacture, use or reprocess goods, including software and technical data, but not goods themselves.
(3) The list of countries to which exports of controlled goods are prohibited or subject to compliance with the conditions of the control system is laid down by the Government of the Czech and Slovak Federal Republic.
The control regime under this Act applies to natural and legal persons intending to import into, export or otherwise dispose of controlled goods to the Czech and Slovak Federal Republic (hereinafter referred to as "participant ').
Loading under this Act shall mean the transfer of ownership of the property or other disposition with controlled goods which results in the change of its holder, place or method of use of the controlled goods or its disposal.
Imported controlled goods shall not be used for military purposes.
(1) A participant is required to ensure that controlled goods cannot be accessed by a person from the State to which the export of controlled goods is prohibited or subject to compliance with the conditions of the control system.
(2) Controlled goods shall not be placed or used in workplaces established for cooperation with States to which export of controlled goods is prohibited or subject to compliance with the control system.
AUTHORISATION PROCEDURE
AUTHORISATION OF IMPORTS OF CHECKED GOODS
(1) The import of controlled goods requires the authorisation of the Federal Ministry of Foreign Trade ("the authorisation").
(2) Following the conclusion of a contract with a foreign supplier, a participant requests authorisation.
(3) Where a participant intends to import controlled goods with a view to further or re-export them, or to revise them before further export, adjust them, correct them, incorporate them or use them temporarily, it shall indicate in the application for authorisation, together with the indication to which States and to which foreign customers the goods are to be exported.
(1) The authorisation authorises importation only if an export authorisation has been granted by the State of manufacture of the goods under control or by the State of its exporter (the export licence).
(2) The conditions indicated on the export licence shall be binding.
AUTHORISING THE EXPORT OF CHECKED GOODS
The export of imported controlled goods requires authorisation.
A participant who produces controlled goods shall apply for permission if he intends to export such goods from the Czech and Slovak Federal Republic.
AUTHORISING OTHER BODIES OF CHECKED GOODS
(1) Other handling of controlled goods requires authorisation.
(2) If the participant is not the end-user of the controlled goods, it shall inform the following user in writing of its obligations under the control system under this law.
(3) A participant may transfer controlled goods to the following users upon submission of the authorisation. At the same time, they shall communicate in writing to the Federal Ministry of Foreign Trade and to the customs office responsible for the location and, where applicable, the place of residence of the end-user the exact identification of the name and, where appropriate, the name and address of the end-user, the type of goods checked and the purpose of their use.
(1) A participant who acquires goods which he / she becomes aware are subject to the control regime under this Act shall notify the Federal Ministry of Foreign Trade in writing of his / her name or, where appropriate, his / her name, registered office or residence, the designation of the controlled goods, the method of its acquisition and the application for its use or disposal.
(2) Where a participant referred to in paragraph 1 has acquired controlled goods but does not comply with the conditions laid down in this Act or its application for the use of controlled goods or, where appropriate, the request for disposal cannot be complied with, it shall forward them to the customs office designated therein within the time limit specified by the decision of the Federal Ministry of Foreign Trade. The customs office shall provide the participant with the proceeds of the sale after deduction of the auction costs.
(3) Where the participant referred to in paragraph 1 does not demonstrate the legal reason for the acquisition of the controlled goods, it shall issue them to the customs office designated therein within the time limit specified by the decision of the Federal Ministry of Foreign Trade.
(4) Where it is not possible to reliably identify the authorized holder, the controlled goods shall be taken over by the customs office in whose territory they are located. The customs office shall appoint a guardian to protect the legitimate interests and to carry out acts aimed at identifying the authorised holder.
(1) If a participant wishes to dispose of controlled goods, it shall apply for authorisation. An application for disposal shall be accompanied by the authorisation required under the specific rules on disposal of the controlled goods (1).
(2) If the Federal Ministry of Foreign Trade conforms to requests for liquidation, it shall designate a customs office to participate in the liquidation in the authorisation.
(3) The participant is required to notify the designated customs officer of the liquidation period at least 48 hours in advance.
(4) A report on the destruction shall be drawn up with customs.
AUTHORISATION
(1) The formalities for the application for authorisation to import, export or dispose of controlled goods under this Act are laid down in a generally binding law.
(2) The participant is required to notify in writing to the Federal Ministry of Foreign Trade and to the customs office which records the goods checked, the change of the facts referred to in the generally binding legislation, without undue delay, after having become aware of these facts.
(1) The application for authorisation shall be accompanied by a declaration by the tenderer stating that he undertakes to accept, where the goods are to be checked and where the goods are to be placed, the inspection by the customs authorities (hereinafter referred to as "customs authorities") which may be accompanied by the authorities of the State of manufacture or of the State of the exporter (hereinafter referred to as "the State of supplier").
(2) The request for authorisation shall also be supported by a declaration by the participant that the contract is not bound by the obligation to proceed abroad with technology or information on it.
(1) The Federal Ministry of Foreign Trade shall decide on applications for controlled goods within 30 days of their arrival.
(2) If the list of controlled goods of the supplier's State does not correspond to the list of controlled goods issued by a generally binding legislation, the authorisation procedure shall be suspended by the Federal Ministry of Foreign Trade until the case is clarified, but for a maximum period of 60 days. It shall inform the tenderer within the time limit referred to in paragraph 1.
(1) The Federal Ministry of Foreign Trade shall issue an authorisation for each individual subject matter of the application.
(2) The generally binding legislation provides for the exceptional need to issue authorisations for each individual article.
The Federal Ministry of Foreign Trade shall refuse an application for authorisation if the conditions laid down in this Act and in the implementing provisions are not fulfilled.
IMPLEMENTATION OF THE CONTROL
PRELIMINARY CONTROL
(1) Where the Federal Ministry of Foreign Trade has doubts as to whether a participant intends to acquire controlled goods for its own use or for the purpose indicated in the application for authorisation, it shall request the customs authorities to carry out an interim check.
(2) The customs authority shall also carry out an interim check where requested by the competent national authority of the supplier's State.
EVIDENCE OF CHECKED GOODS
The customs office in which the goods are situated shall keep a record of them.
The Federal Ministry of Foreign Trade keeps a full record of controlled goods.
INTERVIEW CONTROL
The customs authorities shall carry out checks at the place where the goods checked are located to ensure that the control arrangements are in place.
(1) The customs authority shall also carry out checks where the competent national authority of the supplier's State so requests.
(2) Where the competent State authority of the supplier's State requests to participate in the inspection, the customs authority shall comply with it. The competent State authority of the supplier State may participate in both preliminary and interim checks.
(3) The central customs administration will accept or participate in an inspection if the request of the competent State authority of the State of the supplier is received at least 48 hours in advance.
(4) The customs authority shall ensure that the inspection is conducted in an impartial manner and that the obligation to remain silent is not jeopardised.
The customs authority shall immediately inform the Federal Ministry of Foreign Trade of any infringement of the control arrangements by a participant.
The Federal Ministry of Foreign Trade shall keep a list of participants who have violated the obligations under the control scheme.
DISTORTION OF OBLIGATIONS
(1) If a participant violates the obligations of the control system, the Federal Ministry of Foreign Trade shall withdraw the authorisation under this Act.
(2) If the Federal Ministry of Foreign Trade withdraws the authorisation referred to in paragraph 1, the customs office of export shall ensure that the goods are controlled.
TRANSMISSION OF LEGAL PERSONS
Infringements of legal entities
(1) If a legal person infringes the provisions of § 5 or § 6, or imports, exports, uses imported controlled goods in contravention of the permitted purpose or the controlled goods without authorisation, a fine of up to 10 million CZK or five times the price of the controlled goods shall be imposed on him if this is five times the price of the controlled goods and the forfeiture of the controlled goods.
(2) If a legal person otherwise treats controlled goods in breach of the law and the conditions laid down, a fine of up to 5 million CZK shall be imposed on him.
(1) The fines and forfeiture of controlled goods shall be imposed on the legal person by the competent customs office. 2) The fine is the income of the Federation State Budget. The owner of the forfeited goods is the Czech and Slovak Federal Republic.
(2) An appeal against the decision of the Customs Directorate is decided by the Federal Ministry of Foreign Trade.
(3) An appeal may be brought before a court against a decision of the Federal Ministry of Foreign Trade.
(4) The appeal against the decision of the customs authorities shall not have suspensory effect. The Customs Directorate against whose decision the appeal is directed may permit suspensive effect if the enforcement of the decision is not difficult or does not prevent the general interest.
The procedure for imposing a fine may be initiated by the Customs Directorate within a period of 10 years from the date on which the facts justifying the imposition of the fine occurred.
(1) The fine imposed on a legal person shall be payable within 30 days of the date on which the decision by which it was imposed took effect.
(2) Where a legal person fails to fulfil the obligation imposed on him by a decision referred to in paragraph 1, the customs office shall carry out its execution.
(3) The enforcement of the decision referred to in paragraph 1 shall be carried out by the customs authority by ordering the debt or by selling its movable property or property. (3)
(1) An infringement of an obligation of a legal person shall be dealt with by the Customs Directorate of the Republic in whose territory it is situated.
(2) If the legal person does not have its registered office in the Czech and Slovak Federal Republic, the legal person shall deal with the infringement of the obligation of the legal person of the Customs Directorate of the Republic in whose territory the infringement occurred or the Customs Directorate of the Republic in whose territory the infringement has been detected.
PROVISIONS COMMON AND FINAL
Auction
(1) Customs may sell at auction:
(a) controlled goods the owner of which does not fulfil the conditions laid down by this law;
(b) controlled goods which have become the owner of the State.
(2) Only participants authorised by the Federal Ministry of Foreign Trade may acquire controlled goods at auction.
(3) The proceeds from the auction referred to in paragraph 1 (b), after deduction of the costs of the auction, are revenue from the Federation's state budget.
(4) The proceeds from the auction referred to in paragraph 1 (b) after deduction of the costs of the auction shall be used for the payment of the fine.
(5) Specific regulations shall apply mutatis mutandis to the sale of controlled goods at auction .4)
(6) The details of the auction under this law are laid down in general binding legislation.
General rules on administrative procedures shall apply to proceedings under this law, unless otherwise provided for in that law.
(1) The decision to grant or withdraw an authorisation and the decision referred to in Article 12 (2) and (3) shall contain an opinion on the matter.
(2) The decision to grant or withdraw the authorisation and the decision referred to in Article 12 (2) and (3) shall be sent to the participant in his own hands and to the Central Customs Administration.
(3) The decisions referred to in Article 12 (2) and (3) and the decisions granting the authorisation referred to in Article 13 (1) are also sent to the designated customs office.
(4) The decision of the Federal Ministry of Foreign Trade to grant or withdraw authorisation and the decision referred to in paragraphs 2 and 3 of Article 12 shall not be appealed.
Authorisations required under special regulations are not affected by this law.
(1) The customs authorities are authorised, when carrying out provisional, customs and interim checks, to enter the rooms and premises in which the controlled goods are situated or are to be located, to consult and to obtain documentation on the files relating to the controlled goods.
(2) The customs authorities are under an obligation to maintain confidentiality when carrying out provisional, customs and interim checks.
(3) The Federal Ministry of Foreign Trade shall, on written request, provide the Federal Ministry of the Interior with records of controlled goods.
Federal Ministry of Foreign Trade
(a) issue implementing rules pursuant to Articles 2 (1), 14 (1) and (2), 17 (2) and 32 (6);
(b) lay down, by a general law, the particulars of the notification referred to in Article 12 (1) and the application referred to in Article 13 (1).
This Act shall take effect on 1 February 1991.
Havel v. r.
Dubček v. r.
CHF
1) For example, Decree No. 67 / 1987 of the Czechoslovak Atomic Energy Commission Coll., on Nuclear Safety in the Treatment of Radioactive Waste, Decree No. 192 / 1988 Coll., on Poison and Certain Other Substances of Harmful Health, Decree No. 206 / 1988 Coll., on Poison and Certain Other Substances of Harmful Health.
2) Articles 4 (3) and 7 of Customs Act No. 44 / 1974 Coll.
3) Article 321 et seq.
4) Act No. 174 / 1950 Coll., on auctions outside execution.
Contents
ČÁST I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
ČÁST II
HLAVA PRVNÍ
§ 7
§ 8
HLAVA DRUHÁ
§ 9
§ 10
HLAVA TŘETÍ
§ 11
§ 12
§ 13
HLAVA ČTVRTÁ
§ 14
§ 15
§ 16
§ 17
§ 18
ČÁST III
HLAVA PRVNÍ
§ 19
HLAVA DRUHÁ
§ 20
§ 21
HLAVA TŘETÍ
§ 22
§ 23
§ 24
§ 25
ČÁST IV
HLAVA PRVNÍ
§ 26
HLAVA DRUHÁ
§ 27
§ 28
§ 29
§ 30
§ 31
ČÁST V
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
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Regulation Information
| Citation | Act No. 547 / 1990 Coll., on the Treatment and Control of Certain Goods and Technologies |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1990 |
|---|---|
| Effective from | 01.02.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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