Act No. 594 / 2004 Coll.
Law implementing the European Community regime for the control of exports, transport, brokering and transit of dual-use items
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Law
Effective from 03.12.2004
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594
THE LAW
of 4 November 2004
implementing the European Union regime for the control of exports, brokering, technical assistance, transit and transport of dual-use items
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
(1) This Act regulates, following the directly applicable European Union1) from the field of foreign trade in dual-use goods ("the Regulation on the regime for dual-use items')
(a) the control of exports of dual-use items, including software and technology ("dual-use items"), the provision of brokering services related to dual-use items and transit in compliance with international regimes, international agreements and arrangements to which the Czech Republic has committed itself, as well as certain rights and obligations of intermediaries, exporters of dual-use items and other persons involved in export;
(b) the rights and obligations of persons transporting dual-use items from the territory of the Czech Republic to the territory of another Member State of the European Union.
(2) This law further regulates
(a) monitoring the provision of technical assistance;
(b) the rights and obligations of persons importing dual-use items into the Czech Republic.
(3) This law shall be without prejudice to the rights and obligations of persons carrying out activities under paragraphs 1 and 2 resulting from specific legislation.2)
(1) The Ministry of Industry and Trade (hereinafter referred to as "the Ministry") and the authorities of the Customs Administration of the Czech Republic implement measures which are entrusted to a Member State of the European Union by the Regulation on the regime for dual-use goods and other directly applicable European Union provisions relating to the foreign trade in dual-use goods (47).
(2) Ministry
(a) grant authorisations pursuant to Articles 3, 6 (1) and (3), 8 (1) and 11 (1) of the dual-use regime Regulation;
(b) inform whether an authorisation is required pursuant to Article 4 (1), Article 5 (1), Article 6 (1) and (3), Article 8 (1) and (4), Article 9 (1) and Article 10 (1) of the Regulation on dual-use items;
(c) decide whether an authorisation is required pursuant to Articles 4 (2), 5 (2), 6 (2), 7 (2) and 8 (2) of the dual-use regime Regulation;
(d) decide on the prohibition of transit pursuant to Article 7 (1) of the Regulation on dual-use items;
(e) cooperate with the competent authorities of the Czech Republic;
(f) cooperate with the competent authorities of the European Union and of the Member States of the European Union pursuant to Articles 4 (4), 5 (4), 9 (2), 10 (2), 11 (5), 12 (6), 14, 16 (1), (2), (3) and (5), 23 (1) and (2) and 26 (3) of the dual-use regime Regulation;
(g) cooperate with international institutions and authorities of other States responsible for carrying out checks on exports, transport, brokering and transit of dual-use items;
(h) is entitled to provide information within the scope of this Act to the authorities referred to in points (e) to (g) and to the authorities referred to in Article 20;
(i) provide and mediate information to persons designated under Article 1 (1) and (2).
(3) This is without prejudice to the competence of other state authorities in the field of the control of exports of dual-use items under specific legislation.2)
AUTHORISATION
(1) An authorisation to export dual-use items is required if:
(a) dual-use items are listed in the Annex I Regulation on dual-use items regime,
(b) Articles 4 (1), 5 (1), 9 (1) or 10 (1) of the dual-use item regime Regulation are thus provided for;
(c) so the Ministry shall decide, in accordance with Articles 4 (2), 5 (2), 6 (2) or 7 (2) of the Regulation, on the dual-use goods regime; At the same time, the Ministry shall determine the form of authorisation for the relevant exports (Section 7 (1)),
(d) for reasons of public security or the protection of human rights, this is provided for by a government regulation; or
(e) the technical assistance referred to in Article 12 is in accordance with Article 8 (1), (2) or (4) of the dual-use regime Regulation.
(2) The authorisation of the Ministry is also required for the carriage of dual-use items within the European Union from the territory of the Czech Republic, in accordance with Article 11 of the Regulation on dual-use items.
(3) Authorisation to provide brokering services related to dual-use goods (hereinafter referred to as "authorisation to provide brokering services") is required if:
(a) Article 6 (1) and (3) of the Regulation on the regime for dual-use items is thus provided for,
(b) so decide by the Ministry pursuant to Article 6 (2) of the Regulation on the dual-use regime; At the same time, the Ministry will determine the form of authorisation for the relevant exports (Section 7 (1)).
(4) The authorisation of the Ministry for the transit of dual-use items shall be required if the Ministry has so decided pursuant to Article 7 of the Regulation on the dual-use regime.
General export authorisation
General export authorisations shall be:
(a) a general export authorisation of the European Union pursuant to Article 12 (1) (d) of the Regulation on dual-use items;
(b) the general export authorisation of the Czech Republic pursuant to Article 12 (1) (c) of the Regulation on dual-use items.
The general export authorisation referred to in Article 4 (b) may be used for the export of certain dual-use items to designated countries provided that the implementing legislation so provides.
(1) The general export authorisation may only be used in accordance with the conditions set out therein.
(2) An exporter intending to export dual-use items on the basis of any of the general export authorisations provided for in Section 4 is obliged to register with the Ministry in writing before the first use of such authorisation. An application for registration containing, in addition to the general requirements of the application, the number of the general export authorisation shall be 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 ').
(3) The Ministry shall confirm the registration within 10 days of the date of receipt of the written notification.
(4) Any changes to the registration data shall be communicated by the exporter to the Ministry within 15 days; This does not apply in respect of changes and additions already registered in basic registers, in a commercial or other public register.
(5) The exporter shall request the Ministry to cancel the registration if, for a period of 1 year, he has not exported dual-use items on the basis of the relevant general export permit for which he has registered.
(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, information contained in the application for authorisation concerning transactions executed on the basis of a registration, the scope of which is provided for in the implementing legislation, may be requested in the information.
Individual export authorisation, summary export authorisation and authorisation to provide brokering services
(1) For exports of dual-use items not covered by the general export authorisation, the Ministry shall grant an individual export authorisation or a summary export authorisation pursuant to Article 12 (2) of the Regulation on the regime for dual-use items. For the provision of brokering services, the Ministry shall grant authorisation for the provision of brokering services pursuant to Article 13 (2) of the dual-use regime Regulation. The individual export authorisation of a summary export authorisation or an authorisation for the provision of brokering services shall be drawn up in writing in two copies, comprising a depreciation note for the purposes of the customs procedure. The record of delivery made in the depreciation note shall be certified by the customs office, unless otherwise provided for in this Law.
(2) An individual export authorisation allows the export of dual-use items set out therein to one country of destination either at the same time or in sub-consignments on the basis of a contractual arrangement between the exporter and its foreign partner.
(3) The summary export authorisation allows an exporter to export dual-use items of the same nature to one or more designated countries.
AUTHORISATION PROCEDURE
Application for authorisation
(1) An application for an individual export authorisation or a summary export authorisation or an authorisation to provide brokering services shall be made in writing by the exporter or intermediary to the Ministry using an electronic form. The request shall contain, in addition to the general details of the request, the information provided for in the Council Regulation.
(2) The application must be accompanied by:
(a) by the original or an officially certified copy of the extract from the Commercial Register not more than 90 days old (for a natural person only if it is entered in the Commercial Register), or, where applicable, by the original or an officially certified copy of the commercial licence or equivalent document proving the business licence related to the export of dual-use items, if it has been issued;
(b) an import certificate from the competent authority of the importing State or a declaration by the foreign end-user that dual-use items will not be used for the purposes referred to in Article 3 (4) with information on the specific purpose of its use which must correspond to the data in the application and a declaration that they will not be subsequently exported without the consent of the exporting country; such documents need not be submitted in cases where an authorisation has been issued to the State Office for Nuclear Security on the basis of a guarantee from the State to which the goods are exported;
(c) by the authorisation of the competent State authority where the export of dual-use items referred to in Article 3 (1) (a) or (b) is required by specific legislation, 19) at the request of the Ministry, additional documents and information enabling the case to be duly assessed.
(3) The application for authorisation referred to in paragraph 1 shall also be accompanied by a proposal for the conclusion of a contract or a contract concluded between the exporter and his foreign partner, or by an intermediary and its foreign partners, with an accurate specification of the dual use goods, including an indication of the quantity thereof.
(4) An exporter applying for a comprehensive export authorisation must demonstrate that he is able to comply with the export control regime, in particular to verify the end-use of individual supplies of dual-use items within the framework of the global export authorisation granted.
(5) Where a summary export authorisation is not granted because of non-compliance with the condition laid down in paragraph 4, the exporter shall be entitled to submit an application for an individual export authorisation.
Decision on the application
(1) On request pursuant to Section 8, the Ministry shall decide on the dual-use regime in accordance with the Regulation.
(2) The Ministry shall not grant an individual export permit or summary export authorisation if:
(a) the exporter has not complied with the conditions and obligations laid down in Articles 8 (1) to (4) and 15 of the dual-use regime Regulation;
(b) in the period of 3 years before or after the application was lodged, the decision that the exporter had committed an infringement pursuant to Article 18 (1) (a) to (f) has become final;
(c) the decision that the exporter has repeatedly committed an infringement pursuant to Article 18 (1) (g) to (i) has become final in the period 2 years prior to the application;
(d) this is justified by the foreign policy or security interests of the Czech Republic, and this is demonstrated by the Ministry by the competent authorities;
(e) the end-user or end-use mentioned in the request does not guarantee that dual-use items will not be used in conjunction with weapons of mass destruction, missile systems capable of carrying such weapons or for military end-use which is contrary to the foreign political or security interests of the Czech Republic or for human rights violations; or
(f) the conditions laid down in the specific legislation are not fulfilled.
(3) The Ministry shall not grant authorisation to provide brokering services if:
(a) the intermediary has failed to fulfil the obligations under paragraphs 1 to 3 of Article 8 and Article 15 of the dual-use regime Regulation;
(b) in the period of 3 years before or after the application was submitted, a decision has become final that the intermediary has committed an infringement pursuant to Article 18 (1) (a) to (f);
(c) the decision that the intermediary has repeatedly committed an infringement pursuant to Article 18 (1) (g) to (i) has become final in the period 2 years prior to the application;
(d) this is justified by the foreign policy or security interests of the Czech Republic, and this is demonstrated by the Ministry by the competent authorities; or
(e) the end-user or end-use mentioned in the application does not guarantee that dual-use items will not be used in conjunction with weapons of mass destruction, missile systems capable of carrying such weapons or for military end-use which is contrary to the foreign political or security interests of the Czech Republic, or for human rights violations.
(1) The Ministry granted an individual export permit or a summary export permit or an authorisation to provide brokering services shall revoke if:
(a) has been granted on the basis of false or incomplete data; or
(b) the conditions laid down in the authorisation granted are not complied with.
(2) The Ministry shall suspend the individual export permit or summary export permit or permit for the provision of brokering services for as long as is strictly necessary to exclude suspicion that there is any reason for its non-award, revocation, amendment or revocation. The suspension shall be terminated if no reason is found for the decision to revoke, amend or withdraw the relevant authorisation.
(3) The Ministry shall amend or withdraw the individual export permit or summary export permit or authorisation to provide brokering services if the circumstances under which it was granted change. When deciding, it shall take account of the reasons set out in Articles 9 (2) (d) and (e) and 9 (3) (d) and (e).
(4) The individual export authorisation granted or the summary export authorisation may not be revoked, amended or revoked if the dual-use goods have been fully placed under the customs export procedure by the customs office or the re-export notification has been accepted by the customs office or an intangible transfer of software, technology or technical assistance has already been carried out outside the European Union.
(5) The decision of the Ministry to grant, refuse, revoke, suspend, amend or revoke an individual export permit or a comprehensive export permit or an authorisation to provide brokering services shall not be subject to decomposition.
OTHER PROCEDURES
Obligations of the exporter and intermediary
(1) The exporter shall enter on the customs declaration the number of the authorisation granted.
(2) The exporter shall return to the Ministry, on completion of the deliveries, a copy of the authorisation granted with a depreciation note certified by the customs office. It shall do so no later than 15 days after its expiry or the final completion of the export, unless otherwise specified in the terms of this authorisation. If the exporter does not make use of the authorisation granted, he shall immediately notify the Ministry, giving a specific reason and returning both copies.
(3) In cases where export is not subject to customs procedure, the exporter's depreciation note shall be completed.
(4) The records, business documents and records of exports or brokering services provided shall be kept for at least 5 years from the end of the calendar year in which the export took place or the provision of brokering services.
(5) The exporter shall also:
(a) ensure a declaration of end-use of dual-use items where a request for authorisation is required [Paragraph 8 (2) (b)];
(b) submit, at the request of the Ministry of Commerce on completion of the export, proof of verification of delivery issued by the competent authority of the importing country confirming receipt of dual-use items in the authorised country of destination;
(c) provide the necessary synergies in carrying out the control activities referred to in Article 16;
(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 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 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.
Provision of technical assistance
(1) The provision of technical assistance requires an individual export authorisation pursuant to Article 8 of the Regulation on the regime for dual-use items under the conditions laid down in Article 13 of the Regulation on dual-use items.
(2) A technical assistance provider (hereinafter referred to as "provider") may be a natural or legal person providing technical assistance. For the purposes of issuing licences, the provision of technical assistance shall be considered as an export.
(3) Individual export authorisations for the provision of technical assistance are not subject to customs procedure. The provider shall inform the Ministry of the cessation of exports. It shall at any time, upon request, submit to the Ministry or to the supervisory authorities under this Act the information necessary to assess compliance with the conditions laid down in the individual export authorisation.
Transport of dual-use goods within the European Union
(1) The implementing legislation may provide for dual-use items other than those listed in Annex IV to the Regulation on dual-use items for which a Ministry's authorisation is required for transport from the territory of the Czech Republic to the territory of another Member State where at the time of transport:
(a) it is known to the carrier that the final destination of the goods in question is outside the European Union;
(b) the export of such goods to such final destination is subject to an authorisation pursuant to Article 3 and such export is not authorised directly from the territory of the Czech Republic on the basis of a general or global export permit; or
(c) the goods shall not be processed, processed or processed in the Member State to which they are to be transported in accordance with the directly applicable European Union Regulation laying down the Union Customs Code (48).
(2) For the submission of an application for authorisation for the carriage of dual-use items within the European Union under the Regulation on the regime for dual-use items and authorisations referred to in paragraph 1, Section 8 shall apply mutatis mutandis and for the procedure of the Ministry of Foreign Affairs paragraphs 9 to 10 shall apply mutatis mutandis.
(3) Authorisations granted under paragraph 2 are not intended for customs procedures.
(4) The person transporting dual-use items within the European Union 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 data 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.
(5) The person transporting dual-use items within the European Union shall return to the Ministry, upon completion of the supply, the relevant copy of the permit with a write-off note indicating the volume of supplies made and confirming this by signature. It shall do so no later than 15 days after the expiry of the authorisation, unless otherwise specified in its terms. In the event of non-use of the authorisation, the Ministry shall immediately notify that fact, stating the reasons and returning both copies of the authorisation.
(6) In the case of shipments of dual-use items listed in category 5, Chapter 2 of Annex I to the Regulation on dual-use items and not listed in Annex IV to the Regulation on dual-use items within the Community from the territory of the Czech Republic, the person transporting the goods shall, at the request of the Ministry or other State authority, provide additional information concerning those goods.
Detention
(1) Where the export of dual-use items or the transit of non-European Union dual-use items is reasonably suspected or likely to be used pursuant to Article 4 (1) of the Regulation on dual-use items or for human rights violations, the customs office shall not release them into the proposed customs procedure and retain them in accordance with the procedure laid down in the law governing the customs administration of the Czech Republic and shall immediately notify the Ministry thereof.
(2) If, in the exercise of its other competence, the customs office finds that dual-use items are, or could be, intended to be used under Article 4 (1) of the dual-use regime Regulation or for human rights violations, it shall detain such goods in accordance with the law governing the customs administration of the Czech Republic, where possible, and shall immediately inform the Ministry.
(3) If the customs office leaves the dual-use items to the person who has been detained and that person treats them in contravention of the procedure laid down by the Act governing the Customs Administration of the Czech Republic, the legal conduct by which this prohibition of disposal has been infringed is invalid.
(4) The customs office shall also return the retained dual-use items, unless the Ministry has informed within 15 days that it will issue a decision prohibiting transit. The customs office shall release the goods for the customs procedure of export provided that the other conditions of release are fulfilled.
(5) The customs office shall also return the dual-use items retained, unless the Ministry has informed within 15 days that the goods retained pursuant to paragraph 2 are in breach of this law.
Transit
(1) The Ministry may decide to prohibit transit where:
(a) so provides for a Regulation on the regime for dual-use items; or
(b) dual-use items which are not European Union goods and which are not listed in Annex I to the Regulation on dual-use items are or may be intended, in whole or in part, for the use referred to in Article 4 (1) of the Regulation on dual-use items or for human rights violations.
(2) The decision to prohibit transit is excluded from review by the court.
(3) The Ministry shall notify the acquisition of legal power of a decision prohibiting transit or that a decision prohibiting transit shall not be issued without delay to the customs office which seized the goods pursuant to Article 13a (1).
(4) In the event that the Ministry decides to ban transit and within 20 days of the date on which the decision to prohibit transit takes effect, an application for the placing of dual-use goods under another customs procedure, with the exception of the customs procedure for external transit or storage in a free zone, shall be made by the customs office which seized the goods pursuant to Article 13a, by means of a measure directly applicable to the European Union49).
International import certificate
(1) The Ministry, in the context of international cooperation in the field of export controls, shall issue, unless otherwise specified, an international import certificate ("import certificate") prior to the importation of dual-use items into the Czech Republic, where required by a foreign supplier.
(2) The import certificate shall be drawn up in two copies in writing, comprising a depreciation note for the purposes of the customs procedure; this copy is evidence of verification of delivery if required by a foreign supplier.
(3) The importer shall submit the application for an import certificate in writing to the Ministry using an electronic form.
(4) The application shall include in particular the following information:
(a) the marking of dual-use items;
(b) the quantity and value of dual-use items;
(c) data demonstrating the identity of the importer and end-user (Article 6 (2) (b));
(d) the name and address of the foreign supplier;
(e) end-use of dual-use items.
(5) The application must be accompanied by:
(a) by an authorisation of a competent State authority where specific legislation is required for the importation of dual-use items;
(b) at the request of the Ministry, additional documents and information enabling the case to be duly assessed;
(c) a proposal for the conclusion of a contract or a contract concluded between an importer and his foreign supplier with an accurate specification of dual-use items, including an indication of its quantity.
(6) The Ministry shall not issue an import certificate if:
(a) the importer has not complied with the conditions laid down in paragraphs 4 and 5 for the submission of an application;
(b) in the period of 3 years prior to or after the submission of the application, a decision has become final that the importer has committed an infringement pursuant to Article 18 (1) (a) to (f);
(c) in the period 2 years prior to the application, the decision that the importer has repeatedly committed an infringement pursuant to Article 18 (1) (g) to (i) has become final;
(d) this is justified by the security interests of the Czech Republic;
(e) the end-use mentioned in the application does not guarantee that dual-use items will not be used in conjunction with weapons of mass destruction, missile systems capable of carrying such weapons or for military end-use which is contrary to the foreign political or security interests of the Czech Republic; or
(f) the conditions laid down in the specific legislation are not fulfilled.
(7) If the importer does not use the import certificate, he shall notify the Ministry without undue delay, stating the particular reason.
(8) An importer to whom an import certificate has been issued keeps records or keeps commercial documents and records of imports into the Czech Republic made on the basis thereof. The records, commercial documents or records shall be kept for a period of at least 3 years from the end of the calendar year in which the imports took place, to the extent of the information enabling the subsequent verification of imports of dual-use items and their actual use. Registration, commercial documents or records shall be submitted at any time, upon request, to the Ministry or to the inspection authorities under this law.
(1) The customs office of import into the Czech Republic shall confirm to the importer the copy intended for customs proceedings if proof of verification of delivery is required by a foreign supplier.
(2) Where irregularities concerning imported dual-use goods are detected, the customs office shall inform the Ministry.
CONTROL AND ADMINISTRATIVE PRESENTS
Control
(1) The customs office shall, in accordance with the procedure laid down in the customs legislation and in the specific legislation, carry out checks on compliance with the Regulation on the dual-use items and this Act on the import, export or transit of dual-use items, to the extent specified therein. 19)
(2) The Directorate-General for Customs shall keep records of exports of dual-use items subject to customs control in order to ensure control activities. The customs authorities shall keep such records in their territorial jurisdiction.
(3) The customs office shall not release the goods under the proposed customs procedure or, if necessary, otherwise, in accordance with this Act, prevent the export or transit of dual-use goods if:
(a) has reasonable grounds for suspecting that significant information has not been taken into account when granting the export authorisation;
(b) the circumstances which may have affected the granting of the authorisation have changed since the authorisation was granted;
(c) has been requested by the Ministry in the event of serious findings; or
(d) there is a suspicion that the exported goods are dual-use items for which no authorisation under this Act has been granted.
In such cases, the customs office shall immediately inform the Ministry which shall decide on the further procedure under this Act. Where an authorisation has been issued by an authority of another Member State, the Ministry shall proceed under the dual-use regime regulation.
Transfers
(1) A legal or commercial natural person commits an offence by:
(a) does not keep records or records of the commercial documents and records of the carriage of dual-use items, as set out in Annex I to the Regulation on the regime for dual-use items, within the European Union under the dual-use goods Regulation;
(b) for the carriage of dual-use items, as listed in Annex I to the Regulation on the dual-use regime, within the European Union, it shall not clearly indicate in the relevant commercial documents that the goods are subject to checks under the dual-use regime Regulation when exported from the European Union;
(c) does not keep records or keep commercial documents and records in accordance with Paragraph 14 (8) of this Law.
(2) A fine of up to 5 000 000 CZK may be imposed for the offence referred to in paragraph 1.
(1) A natural, legal or business natural person commits an offence by:
(a) the export of dual-use items from the territory of the European Union without a valid authorisation, although the authorisation is required in accordance with § 3 (1) or (4) or the dual-use regime regulation, or uses an incorrect, falsified or amended authorisation for export;
(b) transports dual-use items from the territory of the Czech Republic to the territory of another Member State of the European Union without a valid authorisation, although the authorisation is required under § 3 (2) or § 13 or the dual-use regime regulation, or uses an incorrect, falsified or modified authorisation for transport;
(c) infringes a decision prohibiting transit pursuant to Article 13b;
(d) provide brokering services related to dual-use goods without a valid authorisation, although the authorisation is required under § 3 (3) or (4) or the dual-use regime regulation, or uses an incorrect, falsified or modified authorisation to provide brokering services related to dual-use goods;
(e) provide technical assistance without a valid permit, although the authorisation is required under this Act (§ 3 (1) (e), § 12), or provides technical assistance with an authorisation of incorrect, falsified or altered;
(f) provide false, incorrect or incomplete information or conceal information relevant to the proper examination of an application for authorisation or import certificate, or provide false, falsified, altered or invalid documents for the purpose of obtaining an authorisation or import certificate;
(g) infringes one of the obligations laid down in the Regulation on dual-use items or § 3 (4), § 6 (2), (4), (5) or (6), § 11 or § 13 (4) or (6),
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Regulation Information
| Citation | Act No. 594 / 2004 Coll., implementing the European Community regime for the control of exports, transport, brokering and transit of dual-use items |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.12.2004 |
|---|---|
| Effective from | 03.12.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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