Amendment To The Foreign Trade Law 2011

Original Language Title: Änderung des Außenwirtschaftsgesetzes 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996704/nderung-des-auenwirtschaftsgesetzes-2011.html

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37. Federal law 2011 modifies the foreign trade law

The National Council has decided:

The Foreign Trade Act of 2011 (AußWG 2011), Federal Law Gazette I no. 26/2011, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1 paragraph 1 paragraph 1 Z 9: "9"Person or company": a natural or legal person or registered partnership;"

2. § 1 para 1 No. 10 is: "10" operation "(: a) every business and every transaction that is as importation, as exports within the meaning of the Z 11 as transit within the meaning of Z 13, as an intermediary within the meaning of the Z 15 or 16, as a movement within the European Union in terms of Z 18, be regarded as technical support in the sense of Z 22 or as any other operation in the meaning of Z 23 and b) every business and every transaction" ", which leads to an acquisition within the meaning of section 25a, paragraph 1;"

3. in section 3 para 1, the first sentence reads:

"Issuance of permits due to this Federal Act, or by directly applicable law in the European Union within the meaning of § 1 para 1 No. 24 is lit. a or b for operations within the meaning of article 1 para. 1 No. 10 lit. (a) are the effects of the concrete operation referred to in the terms of sections 4 and 12 criteria to consider in detail and it is to assess whether there are grounds for refusal."

4. paragraph 25a:

Section 25a. (1) unless section 2 to 11 other, subsequent operations are subject to, relate to the company based in Austria, no restrictions: 1. the acquisition of the company, 2. the acquisition of a stake in this, or 3. the acquisition of a dominant influence on this.

Among companies, legal persons and registered partnerships are to understand.

(2) if unions - and international regulations do not preclude a permit requirement, an operation within the meaning of paragraph 1 of authorisation of the Federal Ministry of economy, family and youth needs the accounting regulations of the third book of the company law book - UGB, if 1 the affected company headquartered in Austria dRGBl. S. 291/1897, is subject to and 2 in a field is active, the public safety and order within the meaning of article 52 and article 65 paragraph 1 concerns TFEU and 3rd the acquisition by a natural person who is not a Union citizen, citizens of the EEA or Switzerland, or a legal person or company established in a third country with the exception of the EEA and Switzerland , takes place.

Before issuing the permit, the operation may be performed.

(3) areas within the meaning of para are such 1 the internal and external security, in particular: a 2 Z 2) defence-related industries and b) security services;

2. the public security and order including the existence - and crisis prevention, in particular in the area of a) the energy supply, b) the water supply, c) telecommunications d) of traffic and e) of infrastructure facilities in the area of education and training, and health care.

(4) participation in companies, where the proportion of voting rights of a transferee No. 3 after the acquisition of this stake is less than 25 percent within the meaning of paragraph 2 is excluded from the permit requirement referred to in paragraph 2. In calculating this percentage of voting rights the shares of other persons or firms within the meaning of paragraph 2 are no. 3 in the acquired company to be added, where at least one of the following conditions exists: 1. the transferee holds 25 per cent or more of the voting rights of that other person or company, 2. holds that other person or company 25 percent or more of the voting rights to the acquirer , 3. a person or company within the meaning of paragraph 2 holds no. 3 25 percent to that other person or entity as well as to the acquirer or more of the voting rights or 4. the purchaser an agreement on a joint exercise of voting rights has concluded with this other person or company.

(5) the acquisition of a dominant influence is subject to a permit requirement pursuant to par. 2 both then, if he is exercised by a person or company within the meaning of section 2 No. 3 alone, as well as when he is jointly exercised by several persons or companies, of which at least a person or company such within the meaning of paragraph 2 is no. 3. A purchase of such exists in particular if conclude an agreement on the joint exercise of voting rights 1 two persons or firms within the meaning of section 2 No. 3 and thereby give them together at least 25 percent of the voting rights or 2. an agreement on a joint exercise of voting rights ends with any other person or company and after this a person or company within the meaning of section 2 No. 3 come to at least 25 percent of the voting rights.

In calculating the proportions of voting rights pursuant to Nos. 1 and 2, paragraph 4 is to apply mutatis mutandis.

(6) a permit referred to in paragraph 2, there is a request for permission to make 1 prior to the conclusion of the debt contract relating to the purchase of the company or of the participation or completion is by which or the purchasers of the or the transactions required for the acquisition of controlling influence or 2. in the case of a public offer prior to publication of the decision to make of the offer.

(7) the permit application must include in particular: 1. name, address and, if available, telephone number, fax number and email address of the purchaser within the meaning of section 2 No. 3, 2. name, address and, if available, telephone number, fax number and E-Mail address of the company at the acquisition or participation should take place, 3. Description of the business activities of the company within the meaning of paragraph 3 Z 1 or 2 , 4. representation of the planned acquisition operation and 5. nomination of a delivery agent, Austria.

              (8) the Federal Ministry of economy, family and youth has to be communicated within one month of receipt of the application by a decision, that either 1 an approval procedure not is initiated, because unions - or international obligations to stand such proceedings or against the purchase there are no concerns 2, because to fear TFEU paragraph 1 including the existence - and crisis preparedness is not prejudicial to the interests of public security and order within the meaning of article 52 and article 65 , or 3 an in-depth review process is initiated, because the need for an in-depth study of the impact on those interests.

              No decision is taken within this period, the operation is deemed approved.

(9) within two months from the notification of the initiation decision within the meaning of paragraph 8 Z 3 is with decision 1 the process to approve, if danger to the 2 mentioned interests not to worry about Z in paragraph 8, or 2. If through the process is a genuine and sufficiently serious threat to public safety and order within the meaning of articles 52 and 65 to fear TFEU paragraph 1 including the existence - and crisis preparedness , which affects a fundamental interest of society, a) approval to eliminate this risk or b to issue necessary regulations) denying the approval, if not sufficient conditions to eliminate these hazards.

No decision is taken within this period, the operation is deemed approved.

(10) over the fact that an operation is considered the period in paragraph 8 or 9 para as approved by passing, a confirmation to exhibit is on request.

(11) the Federal Ministry of economy, family and youth has with notice by virtue an authorisation procedure for the acquisition of, to prescribe a participation in or the acquisition of a dominant influence on a company based in Austria, if 1 this operation the conditions referred to in paragraph 2 are not fulfilled Nos. 3 and 4, and 2. reasonable suspicion exists that the authorisation should be bypassed by this process , and 3. reasonable suspicion, that this process a risk which is 2 these interests to worry about Z in paragraph 8 and 4. the conditions referred to in paragraph 2 are fulfilled Nos. 1 and 2 and 5 unions - or international obligations not to stand a licensing procedure.

              Before issuing the permit, the operation may be performed. In assessing whether there is a suspicion of circumvention within the meaning of no. 2 are decisive in economic perspective the real economic substance and the actually achieved impact on the companies to be acquired.

(12) on a procedure instituted in accordance with paragraph 11, you are para 9 and 10 shall apply the decision within two months from the delivery of the notices of payment due approval begins to run.

(13) the Federal Minister may provide by regulation for economy, family and youth exemptions from the permit requirements for certain types of operations within the meaning of paragraph 1 when in advance is that through these operations a threat which is 2 mentioned interests not to worry about Z in para 8.


(14) the Federal Ministry of economy, family and youth has Z 1 or 2 decisions in accordance with paragraph 8, to publish paragraph 9 or paragraph 12, or final decisions for procedural reasons in an appropriate manner. "In dieser Veröffentlichung sind anzugeben: 1. die erwerbenden Personen oder Gesellschaften, 2. das Unternehmen, an dem der Erwerb erfolgen soll, und 3. der Umstand, ob a) was regarded the operation as safe, b) requirements as prescribed, c) the operation has not been approved or d) rejected the request for procedural reasons."

5. paragraph 53 para 2:

"(2) a person who requests and messages that are on operations within the meaning of article 1 para. 1 No. 10 lit." a related, brings in a form referred to in paragraph 1, shall appoint at least one or more responsible officer within the meaning of § 50, and it is proven to ensure that responsibility within the meaning of § 50 paragraph 6 for the application or the message is one of these people."

6 paragraph 57 paragraph 1:

"(1) permit notifications, which are on operations within the meaning of article 1 para. 1 No. 10 lit. a related, for that after the issue of the decision banning according to this federal law, according to a regulation adopted on its basis or by directly applicable law in the European Union within the meaning of article 1, paragraph 1 Z 24 lit. a or b in force, apply with the entry into force of law as revoked, in so far as they are affected by this ban."

7. in article 65 paragraph 1 the phrase "within the meaning of article 1 para. 1 No. 10 lit. is after the word"Process" a"inserted.

8 paragraph 70 paragraph 1:

"(1) the Federal Minister of economy, family and youth can related to operations within the meaning of article 1, paragraph 1 Z 10 lit. a-1 data from procedures and decisions due to this Federal Act, or by directly applicable law in the European Union within the meaning of § 1 para 1 No. 24 lit. a and b, with whom an approval granted, refused a request for approval or pronounced a ban on, and 2 could get data concerning the suspicion of such operation, through suitable to the one at a the uses referred to in articles 5 to 8 and 10 to a receiver, who could use this in contradiction to the approval criteria set out in the 2nd main piece , to the institutions and Member States of the European Union, as well as to other States, international organizations and other intergovernmental bodies to disclose, as due to international commitments within the meaning of § 4 offered or to safeguard international disarmament, necessary arms control and control of the movement of defence-related products and other goods that are suitable for a use referred to in article 5. Provided that it concerns not only surveys, may be doubted on the confidential treatment of personal data by the recipient."

9 § 79 para 1 Nos. 25 and 26 is: "25 an operation within the meaning of article 1 para. 1 No. 10 lit. b without permission in accordance with section 25a, paragraph 2 or 11 carries or lit against a pad in a permit notification in accordance with section 25a, paragraph 9, no. 2. a or according to § 25 a paragraph 12 conjunction with para 9 subpara 2 lit. a contrary or 26 with incorrect or incomplete information reinstates an authorisation pursuant to § 25 a, paragraph 8, 9, or paragraph 12 or holds aside the notices of payment due by conditions in a permit notification in accordance with article 25 (a) paragraph 9 or paragraph 12,"10 section 84 together with heading is:

"Securing the

84. (1) if certain facts that suggest that goods or chemicals are transported to / from Austria, one refers to a criminal act according to the sections 79 to 82, so the Customs authorities are empowered to ensure this. By ensuring they have to report to the competent public prosecutor's Office without delay.

(2) the public prosecutor's Office explained that the conditions for ensuring 1975, BGBl. No. 631, are not available according to article 110 of the code of criminal procedure, and goods to the applicant in accordance with article 75 lit. a fourth painting of the Community customs code be left not because they are subject to bans or restrictions, are so by the Customs authorities to seize them. About the seizure took place, the Federal Minister for economics is immediately to inform family and youth. The Federal Minister of economy, family and youth has taking into account the approval criteria set out in the main piece 2 to decide whether to pick up is the seizure and whether re-export the goods to be returned to the exporter or see by analogy with application of §§ 37 to 52 of the tax execution code, Federal Law Gazette No. 104/1949, exploited or should be destroyed.

"(3) in connection with the control of goods or chemicals that are transported to / from Austria in the circumstances referred to in paragraph 1, the Customs authorities may determine personal data and process (§ 4 Z 9 of the data protection Act 2000, Federal Law Gazette I no. 165/1999) and these provide the competent law enforcement authorities, insofar as this is necessary for the fulfilment of their statutory tasks."

11 paragraph 91 section 2:

"(2) this Federal Act shall not apply to operations, the 1st No. 540/1977, subject to the war material act, Federal Law Gazette, 2. in the context of transfers as a result of the Federal Constitutional law on the cooperation and solidarity in sending units and individuals abroad (KSE-BVG), Federal Law Gazette I no. 38/1997, carried out, 3. to fulfil the tasks of the military national defense on the basis of article 79 B-VG" ", are required, 4. the safety control Act 1991, BGBl. No. 415/1992, subject to or 5. the Federal law on the ban of cluster munitions, Federal Law Gazette I no. 12/2008, are subject to."

12. in article 93, 11 the following paragraph shall beadded:

"(11) § 1 para 1 Nos. 9 and 10, § 3 para 1, § 25a, § 53 para 2, § 57 para 1, article 65, paragraph 1, article 70, paragraph 1, article 79, paragraph 1 Nos. 25 and 26, § 84 and section 91 paragraph 2 as amended by Federal Law Gazette I no. 37/2013 at the end of the day of release to the query in the Federal Law Gazette into force."

Fischer

Faymann