Second Foreign Trade Regulation 2011-2Nd Außhv 2011

Original Language Title: Zweite Außenhandelsverordnung 2011 – 2. AußHV 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997884/zweite-auenhandelsverordnung-2011--2.-auhv-2011.html

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418th Ordinance of the Federal Minister for economy, family and youth to the implementation of the foreign trade law 2011 (second foreign trade regulation 2011-2nd AußHV 2011)

According to the foreign trade law 2011 - AußHG 2011, Federal Law Gazette I no. 26, in particular due to the § 14 para 2 and 3, 54 (2) and 65 is paragraph 2 in terms of §§ 1, 2, 3, 4, 7 and 8 of the plant with the consent of the main Committee of the National Council and in consultation with the Federal Minister for European and International Affairs and a catalogue of the Federal Minister for finance :

Exemptions from the permit requirements for defence equipment

§ 1 (1) under the conditions of paragraph 2 and without prejudice to the paragraph 3 require the export and the transit of the following goods of any approval: 1 hunting and sporting rifles of subheadings 9303 20 and 9303 30 of the combined nomenclature pursuant to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the common customs tariff, OJ No. L 256 of 07.09 1987 referred to S. 1, in its current version as the "Combined nomenclature";

2. revolvers and pistols of 9302 of the combined nomenclature subheading, and 3 cartridges a) of subheadings 9306 21 of the combined nomenclature, up to a maximum quantity of 6000 pieces per person and b) of subheading 9306 30 of the combined nomenclature until to a maximum level of 300 pieces per person if they are destined for use in goods of Z 1 or 2.

(2) the exemption provisions of paragraph 1 shall apply to the referred goods only if 1 the goods for personal use only on a temporary basis are exported from the customs territory of the European Union or conducted through the customs territory of the European Union, and 2. the exporter or Durchfuhrverantwortliche either a) ownership permission by presentation of the weapon pass pursuant to § 20 of the Firearms Act 1996 - WaffG, Federal Law Gazette I no. 12/1997 , as last amended by Federal Law Gazette I no. 4/2008, the weapons permit pursuant to § 20 WaffG, the certificate referred to in § 39 para 2 WaffG, of the European firearms pass in accordance with § 36 WaffG or one of these documents similar certificate of another EU Member State can demonstrate or b) the operation one of the exemptions of section 47 WaffG or § § 8 or 8a of the first gun legislation implementing regulation - 1 WaffV, Federal Law Gazette II No. 164/1997 , as last amended by the regulation Federal Law Gazette II No. 459/2003, is subject to and 3. the type and number of goods from the permission referred to in item 2 or exception is covered.

(3) the exemption provisions of paragraph 2 shall not apply if the export or transit referred to in paragraph 1 a in annex 1 to the 1st foreign trade regulation 2011-1 AußHV 2011, Federal Law Gazette II No. 343/2011, mentioned third State takes place.

Useless weapons

§ 2 any approval require the export, transit and brokerage of unusable weapons. Useless weapons are firearms, 1. the non-war material within the meaning of the war material act - KMG, BGBl. No.  540/1977, by the Federal Act Federal Law Gazette I are amended no. 72/2011, and 2. that have been made useless in the long term and 3 is no longer possible to its reactivation as a firearm.

Permit requirements and bans on weapons for sleeves Rimfire cartridges

3. (1) the export and transit, as well as the placement of goods referred to in the annex to this regulation require a permit of the Federal Ministry of economy, family and youth.

(2) operations, which comply with the requirements referred to in paragraph 1 or which relate to goods that are regarded as useless weapons within the meaning of article 2 are exempt from the permit requirement referred to in paragraph 1.

(3) prohibited are, as far as banning the same not already lit by directly applicable law of the European Union within the meaning of article 1, paragraph 1 Z 24. b AußHG is 2011 provided: 1 the export, transit and mediation in the system referred to in this regulation goods in third countries, that in the Appendix 1 to the 1 AußHV 2011 stated are 2 other operations within the meaning of article 1, paragraph 1 Z 23 AußHG 2011, which lead to a shipment of such goods in these countries, and 3. the import of such goods from third countries , which are 2011 listed in Appendix 2 to the 1st AußHV.

(4) are subject to operations within the meaning of paragraph 3 not the prohibition referred to in paragraph 3, but a permit requirement no. 1 and no. 2 covered AußHV 2011 stated exemptions by the enclosure 3 to the 1.

Restrictions on the transport of goods with China

§ 4. Imports of defence equipment in China goods 2011 and in the annex to this Regulation referred to in the sense of § 1 of 1 AußHV requires a permit of the Federal Ministry of economy, family and youth.

Proof of the arrival of goods to the recipient

5. (1) persons or companies that perform such goods, in the annex to this regulation to perform or provide, is as a condition within the meaning of section 54 paragraph 2 Z 3 AußHG 2011 proof to impose that the goods actually at the specified recipient in terms of the approval in the specified destination country have arrived.

(2) this evidence is to provide, by a declaration signed by the receiver by hand.

Records in weapons

§ Are 6 persons or companies not amended I no. 111/2010, obliged No. 194/1994, to conduct a weapons book within the meaning of section 144 of the Gewerbeordnung - GewO, Federal Law Gazette by the Federal Act Federal Law Gazette, Z have the label of in referred to in the annex to this regulation goods records in accordance with section 65, subsection 2 to give 2011 the generation number 1 AußHG.

Note on notification

§ 7. This regulation is in accordance with the provisions of Directive 98/34/EC, OJ No L 24 of 21.06. 1998 p. 37, as last amended by Directive 2006/96/EC, OJ No. L 363 of 20.12 2006 p. 81, the European Commission shall notify (Notifikationsnummer 2011/319/A).

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