Act No. 90 / 2018 Coll.
Act amending Act No. 38 / 2008 Coll., on the export and import of goods which could be used for the enforcement of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, and on the provision of technical assistance related to such goods, and amending Act No. 634 / 2004 Coll., on administrative charges, as amended, and Act No. 634 / 2004 Coll., on administrative charges, as amended
Valid
Effective from 15.06.2018
90
THE LAW
of 25 April 2018
amending Act No. 38 / 2008 Coll., on the export and import of goods which could be used for the execution of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, and on the provision of technical assistance related to such goods, and amending Act No. 634 / 2004 Coll., on administrative charges, as amended, and Act No. 634 / 2004 Coll., on administrative charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the export and import of goods which could be used for the enforcement of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, and the provision of technical assistance related to such goods
Act No. 38 / 2008 Coll., on the export and import of goods which could be used for the execution of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, and on the provision of technical assistance related to such goods, and amending Act No. 634 / 2004 Coll., on administrative fees, as amended, as amended, as amended, Act No. 281 / 2009 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. The title of the law reads:
"on the foreign trade in goods which could be used for the execution of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment."
2. The heading of Part One reads:
"FOREIGN TRADE WITH GOODS WHICH MAY BE USED FOR THE EXERCISE OF DEATH, MURDER OR OTHER CUSTOMS, NEMAN OR SUCCESSFUL TREATMENT OR TRESTING '.
3. Paragraph 1, including the title and footnote 1, reads as follows:
Preliminary provisions
(1) This law provides for the application of the directly applicable European Union law governing foreign trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ("Council Regulation '),
(a) the rights and obligations of persons related to foreign trade in goods; and
(b) the exercise of the state administration related to the authorisation and control of foreign trade in goods.
(2) For the purposes of this Act:
(a) foreign trade in goods by export, import, transit or provision of brokering services or technical assistance related to goods;
(b) goods or services as defined in the Council Regulation.
(1) Council Regulation (EC) No 1236 / 2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, as amended. "
4. in Article 2 (a) and (b):
'(a) decide on the issue of:
1. authorisation to export, import or transit goods;
2. authorisation to provide brokering services or technical assistance;
(b) cooperate with the competent authorities of the European Union and the Member States of the European Union. ';
5. In Article 3, the words "or import of goods and the application for authorisation to provide technical assistance shall be made using the form set out in the Annex to this Act; The Ministry shall also make the form available in a way that allows remote access' shall replace ', import or transit of goods, and the authorisation to provide brokering services or technical assistance with goods shall be made in writing by means of a completed form, the specimen of which shall be published on the Ministry's website'.
6. In Paragraph 5 (1) of the Introductory Part of the provision and in paragraph 2, the words "goods or for technical assistance to a third country 'are replaced by the words" import or transit of goods and authorisation to provide brokering services or technical assistance with goods'.
7. In Article 5 (3), the words "goods or technical assistance 'are replaced by the words" import or transit of goods, and the authorisation to provide brokering services or technical assistance with goods'.
8. Paragraph 5 (4) is deleted.
Paragraph 5 shall become paragraph 4.
9. The heading of Section 6 reads:
"Obligations of the holder of the authorisation to export, import or transit goods'.
10. in Article 6 (1), the words "Exporter or importer" shall be replaced by the words "holder of an authorisation to export, import or transit" and the words "reference" shall be deleted;
11. in Article 6 (2), "for export or import" is replaced by "for export, import or transit" and "for export or import" is replaced by "for export, import or transit."
12. The heading of Section 7 reads:
"Obligations of the holder of an authorisation to provide brokering services or technical assistance '.
13. In Section 7, "provision of technical assistance 'is replaced by" provision of brokering services or technical assistance' and "provision of technical assistance 'is replaced by" provision of brokering services or technical assistance'.
14. In Section 8, "export or import of goods' is replaced by" export, import or transit of goods'.
15. in Article 9 (3), the words "export and import of goods" are replaced by the words "export, import or transit of goods";
16.
Transfers
(1) A natural, legal or commercial natural person commits an offence in breach of a Council Regulation
(a) export or import the goods listed in Annex II to the Council Regulation;
(b) export the goods listed in Annex III or IIIa to the Council Regulation without authorisation to export;
(c) transit the goods listed in Annex II, III or IIIa to the Council Regulation;
(d) sell or purchase advertising space or advertising broadcasting time related to goods listed in Annex II to the Council Regulation;
(e) issue or offer for sale at exhibitions or fairs in the territory of a Member State of the European Union the goods listed in Annex II to the Council Regulation;
(f) provide training, brokering services or technical assistance related to goods listed in Annex II to the Council Regulation;
(g) provide brokering services or technical assistance related to goods listed in Annex III to the Council Regulation;
(h) provide brokering services or technical assistance related to goods listed in Annex IIIa to the Council Regulation.
(2) A natural, legal or business natural person commits an offence as an exporter by exporting goods contrary to the export permit.
(3) A natural, legal or commercial natural person, as an importer, commits an offence by importing goods contrary to the import permit.
(4) A natural, legal or commercial natural person, as holder of a transit authorisation, commits an offence by transiting goods in contravention of a transit authorisation.
(5) A natural, legal or business natural person, as holder of an authorisation to provide brokering services or technical assistance, commits an offence by providing brokering services or technical assistance contrary to the authorisation to provide brokering services or technical assistance.
(6) A natural, legal or business natural person commits an offence by:
(a) give an incorrect indication in the application for authorisation to export, import or transit the goods or provide falsified, modified or invalid documents;
(b) give an incorrect indication in the application for authorisation to provide brokering services or technical assistance related to goods or provide falsified, modified or invalid documents.
(7) A natural, legal or business natural person commits an offence as an exporter by:
(a) in contravention of Paragraph 6 (2), they shall not notify the export of the goods carried out or that they have not used the authorisation; or
(b) in contravention of Article 6 (3), it shall not provide proof of verification of delivery.
(8) A natural, legal or commercial natural person, as an importer, commits an offence by not notifying the import of the goods carried out in breach of Article 6 (2) or by not using the authorisation.
(9) A natural, legal or business natural person, as holder of an authorisation for the provision of brokering services or technical assistance, commits an offence by not informing the Ministry, contrary to Article 7, of the form and extent of brokering services or technical assistance provided or of not using the authorisation for the provision of brokering services or technical assistance.
(10) A penalty may be imposed in respect of an offence:
(a) 10 000 000 CZK if the offence referred to in paragraphs 1 to 5 is committed,
(b) 5 000 000 CZK if it is an offence pursuant to paragraph 6;
(c) 800 000 CZK if it is an offence pursuant to paragraph 7 (b) or paragraph 9;
(d) 500 000 CZK if it is an offence pursuant to paragraph 7 (a) or paragraph 8. "
17. Paragraph 12 (3) reads:
"(3) An attempt to commit an offence under Article 11 (1) to (5) shall be punishable. ';
18. In Section 13, the words "export or import of goods or technical assistance 'are replaced by the words" foreign trade in goods'.
19. the Annex is deleted.
Transitional provisions
1. Proceedings initiated under Act No. 38 / 2008 Coll., as effective before the date of entry into force of the Act, which has not been definitively terminated, shall be completed in accordance with the existing legislation.
2. Authorisations issued under Act No. 38 / 2008 Coll., as effective before the date of entry into force of this Act, shall be deemed to have been issued under Act No. 38 / 2008 Coll., as effective since the date of entry into force of this Act.
Amendment of the Administrative Charges Act
In entry 105a of the Annex to Act No 634 / 2004 Coll., on Administrative Duties, as amended by Act No 38 / 2008 Coll., the words "for export or import of goods or the provision of technical assistance granted under special legislation 64a) 'are replaced by the words" under the law governing foreign trade in goods which could be used for the execution of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment'.
footnote 64a is deleted.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
Contents
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Regulation Information
| Citation | Act No. 90 / 2018 Coll., amending Act No. 38 / 2008 Coll., on the export and import of goods which could be used for the enforcement of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, and on the provision of technical assistance related to such goods, and amending Act No. 634 / 2004 Coll., on administrative fees, as amended, and Act No. 634 / 2004 Coll., on administrative charges, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2018 |
|---|---|
| Effective from | 15.06.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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