Amendment To The Foreign Trade Law 2011

Original Language Title: Änderung des Außenwirtschaftsgesetzes 2011

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37. Federal Act to amend the Foreign Trade Act 2011

The National Council has decided:

The Foreign Trade Act 2011 (external WG 2011), BGBl. I n ° 26/2011, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 1 (1) Z 9 reads:

"

9. "person or society" means a natural or legal person or a registered partnership; "

2. § 1 para. 1 Z 10 reads:

" 10.

"Operation":

a)

any transaction and transaction which is considered to be an import, export within the meaning of Z 11, transit within the meaning of Z 13, as a mediation within the meaning of Z 15 or 16, as a transfer within the European Union within the meaning of Z 18, as a technical shall be considered to be support within the meaning of Z 22 or as a further process within the meaning of Z 23; and

b)

any transaction and transaction resulting in an acquisition within the meaning of Article 25a (1); "

3. § 3 (1) is the first sentence:

" In the case of the granting of authorisations pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a or b for operations within the meaning of Section 1 (1) (1) Z 10 lit. a are to examine in detail the effects of the specific operation with regard to the criteria specified in § § 4 to 12, and it is to be assessed whether there are grounds for refusal. "

(4) § 25a reads:

§ 25a. (1) Unless the provisions of paragraphs 2 to 11 determine otherwise, the following transactions concerning companies based in Austria shall not be subject to any 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.

Companies are legal persons and registered partnerships.

(2) Provided that the provisions of the unions and international law do not preclude a requirement for authorisation, an act within the meaning of para. 1 of the approval of the Federal Minister for Economic Affairs, Family and Youth shall be required if:

1.

the company concerned with its registered office in Austria is subject to the accounting rules of the third book of the Company Code-UGB, dRGBl. 291/1897, and

2.

in an area relating to public security and order within the meaning of Article 52 and Article 65 (1) TFEU, and

3.

the acquisition by a natural person who is not a citizen of the Union, a citizen of the EEA or of Switzerland, or a legal person or a company based in a third country other than the EEA and Switzerland.

The operation must not be carried out before the approval is granted.

(3) Areas within the meaning of Section 2 (2) are those

1.

internal and external security, in particular:

a)

the defence equipment industry and

b)

security services;

2.

public security and order, including existence and crisis prevention, in particular in the field of

a)

the energy supply,

b)

water supply,

c)

of telecommunications

d)

of transport and

e)

Infrastructure in the area of education and training and health.

(4) exempted from the permit requirement in accordance with paragraph 2 is a participation in companies in which the share of the voting rights of an acquirer within the meaning of Section 2 (2) (3) after the acquisition of that participation is less than 25 per cent. In the calculation of this proportion of voting rights, the shares of other persons or companies within the meaning of paragraph 2 (2) shall be added to the undertaking to be acquired, in which at least one of the following conditions is met:

1.

the acquirer holds 25 per cent or more of the voting rights in that other person or company,

2.

this other person or company holds 25 percent or more of the voting rights in the acquirer,

3.

another person or company within the meaning of paragraph 2 (2) (3) holds 25 percent or more of the voting rights in the case of this other person or company as well as the acquirer; or

4.

the acquirer has concluded an agreement with this other person or company on a joint exercise of voting rights.

(5) The acquisition of a dominant influence shall be subject to an authorisation requirement in accordance with paragraph 2 if it is exercised by a person or a company within the meaning of paragraph 2 (2) alone, and if it is carried out by a number of persons, or shall be exercised jointly, of which at least one person or company is one within the meaning of paragraph 2 (3) of the second subparagraph. Such an acquisition shall in particular be provided where:

1.

two persons or companies within the meaning of Section 2 (3) enter into an agreement on the joint exercise of voting rights, thereby jointly giving them at least 25 per cent of the voting rights, or

2.

an agreement on a joint exercise of voting rights with another person or company is terminated and at least 25 per cent of the voting rights shall be sent after this termination of a person or company within the meaning of paragraph 2 (2).

In the calculation of the voting rights in accordance with Z 1 and 2, paragraph 4 shall apply in a reasonable way.

(6) If there is an authorisation requirement in accordance with paragraph 2, a request for approval shall be submitted by the acquirer or purchasers.

1.

before the end of the contractual agreement on the acquisition of the undertaking or the participation or before the conclusion of the legal transaction or to the acquisition of the dominant influence, or

2.

in the case of a public offer, prior to publication of the decision to submit the bid.

(7) In particular, the application for authorisation shall contain:

1.

the name, address and, if available, telephone number, fax number and e-mail address of the acquirer within the meaning of paragraph 2 (2) (3),

2.

the name, address and, if available, telephone number, telefax number and e-mail address of the undertaking in which the acquisition or participation is to be effected,

3.

Description of the business activities of the undertaking within the meaning of paragraph 3 (1) or (2),

4.

Presentation of the planned acquisition process and

5.

The name of a service representative in Austria.

(8) The Federal Minister for Economic Affairs, the Family and Youth shall inform the applicant within one month from the date of receipt of the application that either:

1.

an authorisation procedure is not initiated because such proceedings are contrary to obligations under the Union or international law; or

2.

there are no concerns about the acquisition, because there is no danger to the interests of public security and order within the meaning of Article 52 and Article 65 (1) TFEU, including the provision of services of general interest and crisis, or

3.

an in-depth investigation is initiated because a more detailed examination of the effects on these interests is required.

If no communication is issued within this period, the procedure shall be deemed to have been approved.

(9) Within two months of notification of the introduction of the introduction within the meaning of Section 8 Z 3, the

1.

approve the operation where there is no risk of exposure to the interests referred to in paragraph 8 (2), or

2.

if, by the operation, a real and sufficiently serious threat to public security and order within the meaning of Article 52 and Article 65 (1) TFEU, including the provision of services of general interest and crisis, is to be feared, which is a fundamental interest of the society,

a)

to issue authorisation with the conditions necessary for the elimination of such risks, or

b)

to refuse authorisation if conditions are not sufficient to eliminate this risk.

If no communication is issued within this period, the procedure shall be deemed to have been approved.

(10) The fact that an operation is deemed to have been approved by the expiry of the period laid down in paragraph 8 or paragraph 9 shall be issued upon request.

(11) The Federal Minister for Economic Affairs, the Family and Youth has received a communication from the Office for an authorisation requirement for the acquisition of, participation in or the acquisition of a dominant influence on a company based in Austria. , if:

1.

in this case, the conditions laid down in paragraph 2 (3) and (4) are not met; and

2.

there are reasonable grounds for suspecting that the operation is to be circumvented by this process, and

3.

there are reasonable grounds for suspecting that the transaction is likely to endanger the interests referred to in paragraph 8 (2) (2), and

4.

the conditions laid down in paragraph 2 (1) and (2) are met, and

5.

-do not preclude an authorisation procedure from the obligations of unions or international law.

The operation must not be carried out before the approval is granted. In assessing whether there is a suspicion of circumspect in the sense of Z 2, the true economic content and the influence actually achieved on the undertaking to be acquired shall be decisive in economic terms.

(12) In the case of a procedure initiated in accordance with paragraph 11, paragraphs 9 and 10 shall apply with the proviso that the decision period of two months from the date of notification of the pre-registration of the permit requirement shall begin to run.

(13) The Federal Minister for Economic Affairs, the Family and Youth may, by means of a regulation, provide for exemptions from the authorisation requirements for certain types of operations within the meaning of paragraph 1, if it is established in advance that such operations are liable to pose a threat to the interests referred to in paragraph 8 (2) are not to be feared.

(14) The Federal Minister for Economic Affairs, Family and Youth shall publish decisions pursuant to paragraph 8 (1) (1) or (2), (9) or (12) or final decisions in a suitable manner for procedural reasons. This publication shall indicate:

1.

the acquiring persons or companies,

2.

the undertaking in which the acquisition is to take place, and

3.

the fact that:

a)

the process was considered harmless,

b)

requirements have been laid down;

c)

the operation has not been approved; or

d)

the request was rejected for procedural reasons. "

5. § 53 (2) reads:

" (2) Those who submit applications and notifications relating to transactions within the meaning of § 1 (1) (1) (10) (10 lit). a, in a form referred to in paragraph 1, shall in any case have one or more persons responsible for the order to be ordered within the meaning of § 50, and it is demonstrably safe to ensure that one of these persons is responsible for the purposes of § 50 50 (6) for the application or notification. "

6. § 57 (1) reads:

" (1) Approval notices which relate to transactions within the meaning of Article 1 (1) (1) (10) (10) lit. (a) for which a prohibition pursuant to this Federal Act, according to a regulation adopted pursuant to this Act or under the direct applicable law of the European Union within the meaning of Article 1 (1) (c) (24) (lit). a or b shall enter into force, with the entry into force of the law, force shall be deemed to have been revoked in so far as they are affected by this prohibition. "

7. In § 65 (1), after the word "Operation" the phrase "within the meaning of § 1 (1) Z 10 lit. a" inserted.

8. Section 70 (1) reads:

" (1) The Federal Minister for Economic Affairs, Family and Youth may be involved in the context of operations within the meaning of Section 1 (1) (1) (10) (10) (10) lit. A

1.

Data from proceedings and proceedings pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). a and b, with which an authorisation is granted, a request for authorisation is rejected or a ban is issued; and

2.

Data concerning the suspicion of such an operation, which could result in the use of a good which is suitable for one of the uses referred to in Articles 5 to 8 and 10, which is contrary to the approval criteria in accordance with the second paragraph of this Article. the main piece could be used

to the institutions and Member States of the European Union, as well as to other States, international organisations and other intergovernmental bodies, in so far as this is required under international law in the sense of § 4, or necessary to secure international disarmament, arms control and control of the transport of defence-related products and other goods which are suitable for use in accordance with § 5. In the case of overviews, the confidential treatment of personal data by the consignee shall not give rise to any doubt. "

9. § 79 (1) Z 25 and 26 reads as follows:

" 25.

an operation within the meaning of Section 1 (1) Z 10 lit. b) without authorization pursuant to § 25a (2) or (11), or against an edition in an approval certificate pursuant to § 25a (9) (2) (2) (2) (2) a or according to § 25a para. 12 iVm para. 9 Z 2 lit. a or

26.

in the case of incorrect or incomplete information, an authorisation pursuant to Section 25a (8), (9) or (12) shall be made difficult or the amoration of conditions shall be withheld in an authorisation decision in accordance with section 25a (9) or (12) of the licence, "

10. § 84 and headline is:

" Ensure

§ 84. (1) If certain facts indicate that goods or chemicals are transported to or from Austria to which a criminal act is concerned in accordance with § § 79 to 82, the customs authorities shall have the power to ensure that they are safe. They shall report immediately to the competent public prosecutor's office.

(2) The Public Prosecutor's Office states that the conditions for ensuring compliance with § 110 of the Code of Criminal Procedure in 1975, Federal Law Gazette (BGBl). No 631, and if goods are not left to the declarant under Article 75 (a), fourth indent of the Community Customs Code, because they are subject to prohibitions or restrictions, they shall be seized by the customs authorities. The Federal Minister for Economic Affairs, the Family and Youth is to be informed immediately of the seizure. The Federal Minister for Economic Affairs, the Family and Youth has to decide, in accordance with the approval criteria in accordance with the second main item, whether the seizure is to be lifted and whether the goods are to be re-exported, returned to the exporter or under § § 37 to 52 of the Tax Executive Order, Federal Law Gazette (BGBl). No 104/1949, are to be recovered or destroyed.

(3) In the context of the control of goods or chemicals which are transported to or from Austria under the circumstances referred to in paragraph 1, the customs authorities may identify and process personal data (§ 4 Z 9 of the Data Protection Act 2000, BGBl. I n ° 165/1999) and send them to the competent law enforcement authorities, to the extent that this is necessary for the performance of their legal tasks. "

Article 91 (2) reads as follows:

" (2) This federal law shall not apply to operations which:

1.

the War Material Act, BGBl. No 540/1977,

2.

as part of the missions under the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals abroad (CFE-BVG), Federal Law Gazette (BGBl). I n ° 38/1997,

3.

necessary for the performance of the tasks of the military national defence pursuant to Art. 79 B-VG,

4.

the Security Control Act 1991, BGBl. No 415/1992, or

5.

the Federal Law on the Prohibition of Cluster Munitions, BGBl. I n ° 12/2008. '

12. In § 93, the following paragraph 11 is added:

" (11) § 1 (1) (9) and (10), § 3 (1), § 25a, § 53 (2), § 57 (1), § 65 (1), § 70 (1), § 79 (1) Z 25 and 26, § 84 and § 91 (2) in the version of the Federal Law BGBl. I n ° 37/2013 will enter into force with the expiry of the day of release for consultation in the Federal Law Gazans. "

Fischer

Faymann