What is Act No. 69 / 2006 Coll.?

Act No. 69 / 2006 Coll., on the Implementation of International Penalties — Law on the implementation of international sanctions.

When it became Act No. 69 / 2006 Coll. effectiveness?

Act No. 69 / 2006 Coll. became effective 01.04.2006.

Is Act No. 69 / 2006 Coll. still valid?

Yes, Act No. 69 / 2006 Coll. is still valid and effective.

Act No. 69 / 2006 Coll. - Law on the implementation of internation...

69

THE LAW

of 3 February 2006

on the implementation of international sanctions

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This law regulates certain obligations in the implementation of international sanctions in order to maintain or restore international peace and security, the fight against terrorism, respect for international law, the protection of human rights and freedoms and the promotion of democracy and the rule of law. Furthermore, the law regulates certain obligations in the implementation of international sanctions in order to maintain or restore international peace and security, combat terrorism, respect for international law, the protection of human rights and freedoms, and the promotion of democracy and the rule of law, which the Czech Republic is committed to by virtue of membership of the United Nations or the European Union, or which it has introduced under the Sanctions Act.

Definition of terms

§ 2

International sanctions shall, for the purposes of this Act, mean an order, prohibition or restriction provided for in order to maintain or restore international peace and security, combat terrorism, respect for international law, the protection of human rights and freedoms, and the promotion of democracy and the rule of law, provided that:

(a) by a decision of the United Nations Security Council ("the Security Council") adopted pursuant to Article 41 of the United Nations Charter,

(b) common positions, joint actions or other measures adopted pursuant to the provisions of the Treaty on European Union on the common foreign and security policy;

(c) directly applicable provisions of the European Communities implementing the Common Position or Joint Action adopted pursuant to the provisions of the Treaty on European Union on the common foreign and security policy;

(d) a directly applicable European Union law implementing decisions adopted pursuant to the provisions of the Treaty on European Union on the common foreign and security policy;

(e) a decision taken pursuant to the provisions of the Treaty on European Union on the common foreign and security policy; or

(f) the Government's decision to include it in the national penalty list under the Sanctions Act.

§ 3

For the purposes of this Act:

(a) territories subject to international sanctions, a territory wholly or partly controlled by an entity or a State subject to international sanctions, including airspace and coastal waters;

(b) the entity subject to international sanctions, the person against whom the sanctions referred to in the document referred to in Article 2 are directed;

(c) the person subject to international sanctions;

1. the State subject to international sanctions;

2. a citizen of a State subject to international sanctions;

3. a member or representative of an entity subject to international sanctions;

4. another natural person normally present in the territory subject to international sanctions, with the exception of nationals of the Czech Republic,

5. a legal person established in a territory subject to international sanctions; or

6. the person listed in the lists issued by the Security Council Sanctions Committees or in the documents of the European Union institutions referred to in Article 2 (b), (c) or (d) or in the National Sanctions List under the Sanctions Act;

(d) Czech person

1. Czech Republic,

2. citizen of the Czech Republic,

3. a natural person other than a citizen of the Czech Republic, usually resident in the Czech Republic,

4. another natural person entitled to permanent or temporary residence in the Czech Republic (2); or

5. a legal person established in the Czech Republic, including local and local authorities (3);

(e) usual residence in a particular territory for at least 183 days in one calendar year, in a continuous or several periods; within a period of 183 days, each starting date of stay shall be counted;

(f) the property subject to international sanctions, any movable or immovable property, and also all that may be used to obtain funds, goods or services, in particular natural or economic resources, the right arising from a commitment under a credit or credit agreement, a cash order, interest, dividend or other income from a financial instrument, security or book-entry paper, including shares, bonds, notes or cheques, or any equivalent thereof, or from a territory subject to international sanctions or intended for export to a territory subject to international sanctions;

(g) goods of goods, rights and other property, such as money in any form, including deposits and deposit claims, other means of payment, securities and investment vehicles, any substance used for the preparation of products, product, service, software or technology and any other item of movable or immovable property which is or is intended to be traded, irrespective of the manner and circumstances in which it is provided;

(h) goods subject to international sanctions, goods owned, held or otherwise controlled by an entity subject to international sanctions or by a person subject to international sanctions;

(i) goods of the Czech Republic owned, held or otherwise controlled by the Czech person;

(j) other goods which are not Czech goods or goods subject to international penalties;

(k) means of transport equipment intended in particular for the carriage of persons, baggage, goods or mail;

(l) means of transport subject to international sanctions; means of transport

1. flying the flag of or imatriated to a State subject to international sanctions;

2. owned, held or used by, or otherwise controlled by, an entity subject to international sanctions; or

3. owned, held, used or otherwise controlled by a person subject to international sanctions;

m) 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;

(n) another means of transport which is neither the Czech means of transport nor the means of transport subject to international sanctions;

o) cultural property

1. work of art and subject of cultural values4),

2. cultural monument, national cultural monument, or their collection 5),

3. the collection of museums or collection subjects (6); or

4. public cultural production, such as theatre, film, audiovisual or entertainment performances, concerts, dance or discotheque, circus, variety or similar performances, exhibitions and other similar activities;

(p) by controlling the factual or legal possibility by acting on the behaviour of another person, the use of the matter or the course of events in a particular territory;

(q) the public budget of the State budget, the State financial assets, the reserve fund of the State's organisational body, the budget of the State Fund, the National Fund, the budget of the Contributory Organisation, the budget of the Wine Fund, the budget of the legal entity providing support under the law governing the granting of public support, to the extent that such support is provided for, or the budget provided for by a specific law;

(r) public funding, repayable financial assistance from the public budget, other funds from the public budget or investment incentive under the Investment Incentives Act;

(s) the granting of public funds by issuing a decision which, in whole or in part, satisfies the request for public funds, the conclusion of an agreement, a contract or a public contract for the provision of public funds or the payment of public funds;

(t) the disposal or loading, the transfer to another use or other handling, if it would lead to a substantial change in the composition, use or destination.

ČÁST DRUHÁ

FIELDS FOR THE APPLICATION OF PENALTIES

HLAVA I

LIMITATIONS OR PROHIBITIONS PROVIDED BY THE LEGAL ACT

§ 4

General provisions

(1) The restrictions or prohibitions laid down in this Title shall apply to the extent provided for in:

(a) a Government Decree which implies:

1. a decision of the Security Council with the exception of a decision pursuant to § 8d;

2. a common position, a joint action or other measure adopted pursuant to the provisions of the Treaty on European Union on the common foreign and security policy; or

3. a decision taken on the basis of the provisions of the Treaty on European Union on the common foreign and security policy; or

(b) a decision of the Government listing the national penalty list under the Sanctions Act.

(2) The restrictions or prohibitions referred to in paragraph 1 may be applied in the areas:

(a) trade and services;

(b) cash transfers, use of other means of payment, purchase and sale of securities and investment vehicles;

(c) transport,

(d) connections,

(e) technical infrastructure;

(f) scientific and technical contacts;

(g) cultural contacts;

(h) sporting relations;

(i) movement of persons;

(j) the provision of public funds; or

(k) public procurement.

(3) At the same time, the Government Regulations referred to in paragraph 1 (a) shall define, in accordance with Paragraph 3 (c), the range of persons subject to international sanctions.

§ 5

Trade and services, monetary services and financial markets

(1) In the field of trade and services, penalties may consist of restrictions or prohibitions on:

(a) the importation or purchase of goods subject to international penalties, their sale or any other handling;

(b) the export, sale or other treatment of Czech goods to an entity subject to international sanctions or to a person subject to international sanctions or to a territory subject to international sanctions;

(c) transit of Czech goods through the territory subject to international sanctions or goods subject to international sanctions through the territory of the Czech Republic;

(d) the transit through the territory of the Czech Republic of other goods to which international penalties apply or goods to a designated entity subject to international sanctions or to a person subject to international sanctions; or

(e) any activity which would support or could support the activity referred to in points (a) to (d).

(2) In the field of money transfers, the use of other means of payment, the purchase and sale of securities and investment vehicles, penalties may consist of restrictions or prohibitions on:

(a) the provision by the Czech person of any kind for the benefit of an entity subject to international sanctions or of a person subject to international sanctions, as well as the conclusion of transactions in them, including foreign currency transactions;

(b) the leasing of a safety deposit box of an entity subject to international sanctions or of a person subject to international sanctions, or the admission of goods subject to international sanctions, until storage, provided that it is demonstrated, when appropriate, that the goods are subject to international sanctions;

(c) any provision of funds, investment vehicles or other securities, or of financial or economic resources of an entity subject to international sanctions, or of a person subject to international sanctions;

(d) the transfer of funds, investment vehicles or other securities from or to an account controlled by an entity subject to international sanctions or by a person subject to international sanctions, including the payment of bank cheques, where this can be ascertained when appropriate;

(e) interest payments on funds in accounts controlled by an entity subject to international sanctions or by a person subject to international sanctions, as well as interest payments on securities and investment vehicles controlled by them;

(f) the conclusion of an insurance contract with an entity subject to international sanctions or a person subject to international sanctions or the performance by them of insurance contracts; or

(g) any activity which would support or could support the activity referred to in points (a) to (f).

§ 6

Transport and connections

(1) In the field of transport, penalties may consist of restrictions or prohibitions on:

(a) the entry of Czech means of transport into the territory subject to international sanctions;

(b) transit of other means of transport through or from the territory of the Czech Republic into the territory subject to international sanctions;

(c) crossing the national borders of the Czech Republic by means of means of transport subject to international sanctions for the purposes of entering or leaving the territory of the Czech Republic;

(d) any physical or legal treatment of means of transport subject to international sanctions located in the Czech Republic;

(e) the provision of Czech means of transport to an entity subject to international sanctions or to a person subject to international sanctions;

(f) repair or provision of spare parts, components or tools necessary for the repair or modification of means of transport subject to international sanctions;

(g) the conclusion of a public passenger transport service contract under the law governing public passenger transport services in relation to a person or entity subject to international sanctions;

(h) the performance of a public passenger transport service contract under the law governing public passenger transport services in relation to a person or entity subject to international sanctions; or

(i) any activity which would support or could support the activity referred to in points (a) to (h).

(2) In the area of connections, sanctions may consist of a restriction or prohibition of:

(a) acceptance for the transport or transport of mail to or intended for an entity subject to international sanctions from or through the territory of the Czech Republic;

(b) the provision of electronic communications services for the purpose of connection with an entity subject to international sanctions or to a person subject to international sanctions or to a territory subject to international sanctions;

(c) the provision of any other connection with an entity subject to international sanctions or to a person subject to international sanctions or to a territory subject to international sanctions;

(d) radio, television or other broadcasting in the territory to which international penalties apply; or

(e) any activity which would support or could support the activity referred to in points (a) to (d).

§ 7

Technical infrastructure

In the field of technical infrastructure, sanctions may consist of restricting or prohibiting the supply of energy or the supply of raw materials, machinery or equipment necessary for its production from or through the territory of the Czech Republic to an entity subject to international sanctions or to a person subject to international sanctions or to a territory subject to international sanctions.

§ 8

Scientific, technological, cultural and sporting contacts

(1) In the field of scientific and technical contacts, penalties may consist of restrictions or prohibitions on:

(a) participation in scientific or technical research, programmes or projects in which the Czech person and entity or person subject to international sanctions are jointly involved; in the case of an activity financed by an entity or a person subject to international sanctions, the penalty shall consist only in the exclusion of such an entity or such person from participation in that activity;

(b) the provision of instruments or equipment by a Czech person or from the territory of the Czech Republic of an entity or person subject to international sanctions for the purpose of their use for scientific or technical research, programme or project;

(c) the provision of information on scientific or technical research, programmes or projects of a Czech person or their results to an entity or person subject to international sanctions, or on territories subject to international sanctions, if such information and results are not publicly available;

(d) the provision of industrial or intellectual property rights to an entity subject to international sanctions or to a person subject to international sanctions; or

(e) any activity which would support or could support the activity referred to in points (a) to (d).

(2) In the field of cultural contacts, sanctions may consist of restrictions or prohibitions

(a) the provision of cultural goods by a Czech person or from the Czech territory of an entity or a person subject to international sanctions or in a territory subject to international sanctions;

(b) the reception of cultural goods by a Czech person or in the Czech territory from an entity or a person subject to international sanctions or from a territory subject to international sanctions, unless they are temporary admission for the purpose of rescuing, protecting and preserving cultural goods directly threatened by armed conflict or natural disaster or of returning cultural goods to a person not subject to international sanctions;

(c) the provision of copyright or related rights of the Czech person of an entity or of a person subject to international sanctions or for use in territories subject to international sanctions; or

(d) any activity which would support or could support the activity referred to in points (a) to (c).

(3) In the field of sports relations, sanctions may consist of restrictions or prohibitions

(a) the participation of a person or group representing an entity or a person subject to international sanctions at a sports match or other sporting event organised in the Czech Republic or by a Czech person;

(b) participation of a Czech person or group representing the Czech Republic in a sports match organised by an entity or a person subject to international sanctions or in a territory subject to international sanctions; or

(c) any activity which would support or could support the activity referred to in (a) or (b).

§ 8a

Movement of persons

In the field of movement of persons, sanctions may consist of restrictions or prohibitions

(a) residence in the Czech Republic by a person or entity who is a natural person and is subject to international sanctions;

(b) entry into the territory of the Czech Republic to a person or entity which is a natural person subject to international sanctions; or

(c) any activity which would support or could support the activity referred to in (a) or (b).

§ 8b

Provision of public funds

In the field of public funding, sanctions may consist of a restriction or prohibition of:

(a) the provision of public funds to a person or entity subject to international sanctions; or

(b) any activity which would support or could support the activity referred to in (a).

§ 8c

Public procurement

In the field of public procurement, sanctions may consist of restrictions or prohibitions on:

(a) the award of a contract in relation to a person or entity subject to international penalties;

(b) the selection of the proposal in the design contest in relation to a person or entity subject to international sanctions;

(c) the performance of a contract in relation to a person or entity subject to international penalties; or

(d) any activity which would support or could support the activity referred to in points (a) to (c).

HLAVA II

Restrictions, prohibitions or orders imposed by the selected United Nations Security Council Decision

§ 8d

Targeted financial penalties

(1) The Financial Analysis Office (hereinafter referred to as "the Office") provides for measures of a general nature to restrict, prohibit or order pursuant to a Security Council decision imposing international sanctions involving the freezing of assets or other targeted financial penalties in respect of a measure against:

(a) terrorism;

(b) financing of terrorism;

(c) the proliferation of weapons of mass destruction; or

(d) financing the proliferation of weapons of mass destruction.

(2) The restrictions, prohibition or orders provided for by a measure of a general nature referred to in paragraph 1 shall apply in relation to those included in the list contained in the Security Council Decision referred to in paragraph 1 or in the list issued by the Security Council Sanctions Committee established pursuant to the Security Council Decision referred to in paragraph 1, as from the date of its inclusion in that list, but not from the date of entry into force of the general measure until the date of entry into force of the directly applicable European Union law relating to it, issued for the implementation of the same Security Council Decision.

(3) In a measure of a general nature referred to in paragraph 1, the Office shall indicate the address of the website on which the list referred to in paragraph 2 is located.

(4) The Authority shall amend or repeal a measure of a general nature referred to in paragraph 1 if the Security Council amends or repeals its decision pursuant to paragraph 1.

(5) Measures of a general nature referred to in paragraph 1 or 4 shall be issued without a procedure for its proposal and shall take effect on the date of publication of the public order.

(6) Measures of a general nature as referred to in paragraph 1 or 4 shall be posted on the official plate of the Office for the duration of its validity.

HLAVA III

EXEMPTIONS

Díl 1

Exemptions from the sanction scheme

§ 9

(1) The Office may, where permitted by the content of a document referred to in Article 2, authorise, in accordance with this document and to the extent necessary, exemptions from prohibition or restriction

(a) for the provision of treatment and medical care;

(b) the provision of humanitarian aid, unless it is limited in the document referred to in Article 2; such assistance shall in particular be considered to be the supply of food, clothing, medicines, medical supplies and other humanitarian needs necessary for the protection of health, life and decent accommodation of civilians and the provision of related services, including the organisation and implementation of rescue operations;

(c) the provision of social security benefits, state social security benefits, pension benefits, sickness insurance benefits (care), unemployment benefits, retraining support and 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 not related to the implementation of international sanctions within the meaning of this Act and to the payment of premiums relating thereto;

(g) to pay the claim by an entity subject to international sanctions or by a person subject to international sanctions, if that claim does not result in violations of international sanctions;

(h) payments by an entity or person subject to international sanctions due under contracts, agreements or obligations which have been concluded or arose before international penalties have been imposed against the entity or person, provided that such payments are made on account in the Czech Republic or in another State of the European Union in which all the funds deposited are property subject to international sanctions; or

(i) for another purpose set out in the document referred to in Article 2.

(2) The exemption may be granted on application or without application. The Authority's decision to authorise the exemption shall lay down the conditions for its application in such a way that it can control its application and in such a way as to avoid obstructing the purpose of international sanctions.

Díl 2

Protective barrier

§ 9a

Creation of a protective barrier

(1) If the application of international sanctions makes it impossible or significantly difficult to operate a commercial establishment of a trading company, the Office may, at its request, decide to create a protection barrier, provided that the relevant document referred to in Article 2 so permits, and the purpose of international sanctions is not undermined.

(2) In the decision to create a safeguard barrier, the Office of the Commercial Company

(a) impose a prohibition on following, directly or indirectly, decisions, orders or other manifestations of the will of a person or entity which is subject to international sanctions and which is controlled by that trading company, unless the agreement of the Office has been given;

(b) require the Office to inform the Office of its operation and of the operation of its establishment, to the extent and in the manner specified in the Decision; and

(c) approve the maintenance plan drawn up by the trading company to the extent appropriate to the nature of its activities.

Citation	Act No. 69 / 2006 Coll., on the Implementation of International Penalties
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.03.2006
Effective from	01.04.2006
Effective until	-
Status	Valid

Act No. 69 / 2006 Coll.

Law on the implementation of international sanctions

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 3

ČÁST DRUHÁ

HLAVA I

§ 4

§ 5

§ 6

§ 7

§ 8

§ 8a

§ 8b

§ 8c

HLAVA II

§ 8d

HLAVA III

Díl 1

§ 9

Díl 2

§ 9a

Contents

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