Act No. 98 / 2000 Coll.
Law on the implementation of international sanctions to maintain international peace and security
Valid
Law
Effective from 25.04.2000
98
THE LAW
of 4 April 2000
on the implementation of international sanctions to maintain international peace and security
Parliament has decided on this law of the Czech Republic:
(1) Everyone is obliged to comply with international sanctions imposed in accordance with this Act.
(2) If international sanctions are adopted by the United Nations Security Council or by the Council of the European Union to the extent that they do not exceed the provisions of Sections 3 to 6 of this Act, the Government may, after approval by the relevant committee of the Chamber of Deputies of the Parliament of the Czech Republic, establish, amend, suspend, revoke or renew prohibitions and other restrictions in a manner consistent with the decisions of those authorities on these international sanctions.
Definition of terms
This law means:
(a) by international sanctions, a summary of orders, prohibitions or restrictions laid down for the purpose of maintaining or restoring international peace and security and resulting from:
1. the decisions of the United Nations Security Council adopted pursuant to Article 41 of the Charter of the United Nations (hereinafter referred to as the Decision); or
2. the common positions of the Council of the European Union to which the Czech Republic has joined following a call from the Council of the European Union (hereinafter referred to as the Common Position);
(b) the sanctioned entity, depending on the decision or common position of the State, the rebel movement or other organised power or its representatives;
(c) sanctioned territories, depending on the decision or common position of a particular territory, fully or partly controlled by the sanctioned entity, including airspace and coastal waters;
(d) a sanctioned person:
1. citizen or member of a sanctioned entity;
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;
(e) Czech person
1. Czech Republic,
2. citizen of the Czech Republic,
3. another natural person authorised to stay permanently or temporarily on a long-stay visa in the Czech Republic, 1); and
4. legal person or institution based in the Czech Republic, including units of local government; 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, depending on the decision or common position referred to in point (a), owned, held or otherwise controlled by the sanctioned entity or the 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) the means of transport of equipment, in particular, capable of transporting persons, baggage, goods or mail;
(k) means of transport of the sanctioned body means of transport
1. flying a flag, imatriculated, owned, held or used by, or otherwise controlled by, a sanctioned entity; or
2. owned, held, 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 matter or the course of events in a particular territory.
Trade and services
In the field of trade and services, international sanctions 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 the sanctioned entity or sanctioned persons, or in the sanctioned territory, as well as the conclusion of transactions in them;
(f) transfers of funds from and to accounts held for the benefit of sanctioned entities 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 by Czech persons or from the territory of the Czech Republic of funds and financial and economic resources to sanctioned entities or sanctioned persons;
(i) the conclusion or performance of insurance contracts for the benefit of a sanctioned entity or sanctioned persons; and
(j) any other activity which would support or envisage supporting the activities referred to in points (a) to (i).
Transport and connections
(1) In the field of transport, international sanctions 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) repair and provision of spare parts, components or tools necessary for the repair or modification of the means of transport of the sanctioned entity; and
(g) any other activity which would support or provide support for the activities referred to in points (a) to (f).
(2) In the field of connections, international sanctions may include restrictions or prohibition
(a) acceptance for transport from or through the territory of the Czech Republic of letters, parcels 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 the sanctioned territory; and
(d) any other activity which would support or envisage supporting the activities referred to in points (a) to (c).
Technical infrastructure
In the field of technical infrastructure, international sanctions consist of restricting or prohibiting 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 to a sanctioned territory.
Scientific, technological, cultural and sporting contacts
(1) In the field of scientific and technical contacts, international sanctions consist of restrictions or prohibitions
(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; and
(e) any other activity which would support or envisage supporting the activities referred to in points (a) to (d).
(2) In the field of cultural contacts, international sanctions consist of restrictions or prohibitions
(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 other factually related rights of Czech persons to a sanctioned entity or persons; and
(d) any other activity which would support or envisage supporting the activities referred to in points (a) to (c).
(3) In the field of sport relations, international sanctions consist of restrictions or prohibitions
(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;
(c) any other activity which would support or envisage supporting the activities referred to in (a) and (b).
Exemptions from the sanction scheme
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 the protection of health, life saving and decent housing of civilians are considered to be such assistance,
(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 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 the inheritance of the person sanctioned; and
(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 a 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 the Government to implement Paragraph 1, committed by a natural person, shall be waived if that person has not committed the infringement or if the breach is minor.
(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) Save as otherwise provided in specific legislation, a fine in its matters of substance (5) imposes:
(a) Ministry of Industry and Trade,
(b) Ministry of Transport and Communications,
(c) Ministry of Culture;
(d) Ministry of Education, Youth and Sports;
(e) Ministry of Interior.
In other cases the fine is imposed by the Ministry of Finance.
(6) Decomposition against the decision imposing a fine does not have suspensory effect.
(7) The fines shall be collected by the competent customs office.
(8) The fines are the income of the state budget.
(9) The fine may be imposed within three years of the date on which the infringement of those obligations was detected, but no later than ten 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 who has been fined may be imposed and which:
(a) has been used or has been intended to act in breach of, or obtained by, the obligations under this law; or
(b) has been acquired for the matter 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 18 of Act No. 40 / 1964 Coll., Civil Code, as amended.
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. 98 / 2000 Coll., on the implementation of international sanctions to maintain international peace and security |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2000 |
|---|---|
| Effective from | 25.04.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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