Change Of The War Material Act

Original Language Title: Änderung des Kriegsmaterialgesetzes

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72. Federal Law, with which the War Material Act is amended

The National Council has decided:

The War Material Act-KMG, BGBl. No 540/1977, as last amended by the Federal Law BGBl. I No 50/2005, is amended as follows:

1. The table of contents shall be preceded by the following table of contents:

" TOC

§ 1.

Subject matter and definitions

§ 2.

War Material

§ 3.

Allocation of grants

§ 3a.

Communications and data transmission

§ 4.

Obligations in the import, export and transit of war material, control

§ 5.

Exceptions

§ 6.

Customs

§ 7.

Judicial Criminal Provisions

§ 8.

Administrative transgressions

§ 9.

Override

§ 10.

entry into force

§ 11.

Enforcement

§ 12.

Linguistic equality

§ 13.

References

§ 14.

Transitional provisions "

2. § § 1 to 3a and 5 to 11 receive the paragraph headings assigned to them in the table of contents. .

3. The following sentence shall be immediately added to Article 1 (2):

" Shall:

1.

imports from another EU Member State, or

2.

export to another EU Member State, or

3.

Transit from another EU Member State to another EU Member State,

is subject to a shipment within the European Union. "

4. In § 3 (1), § 3a (3), (4) and (5) as well as § 11, the word shall be "Foreign" or "Foreign" through the phrase "European and international" replaced and in § 3 (1), § 5 (1) and § 11 after the word "State Defense" the phrase "and Sport" inserted.

(5) In § 3 (1a) (2), after the word "Union" the phrase 'in conjunction with Part V of the Treaty on the Functioning of the European Union' inserted.

6. § 3 (2) reads:

"(2) The granting of the authorization may, for the reasons set out in paragraph 1, be made conditional, in particular, on the submission of a so-called" final consumption certificate "or an import authorization of the country of destination."

7. According to Article 3 (2), the following paragraph 2a is inserted:

In the case of a request for export of war material imported into Austria from another EU Member State to a third country, the applicant shall declare whether and, where appropriate, which export restrictions shall be subject to which: EU Member States are aware of the fact that war material has been brought to the attention of the EU Member States on the basis of previous shipments of this war material. Any consent of the respective EU Member State to the requested export of the war material to that third country is to be submitted; if such consent does not exist, the attempt to obtain it is to be sought, for example by submitting a confirmation of the Transmission of the consent request to this EU Member State or a response from this EU Member State. Export restrictions of other EU Member States must be taken into consideration in the context of the decision on the application. If necessary, the Federal Minister for Home Affairs may, by means of the Federal Minister for European and international Consult the EU Member States concerned. "

8. § 3 (3) reads:

" (3) The authorization shall be limited to a limited period of time; it shall be restricted or revoked if circumstances subsequently occur or become known, in the presence or recognition of which the authorization would not have been granted. Paragraph 1a shall apply mutatily. For the reasons given in paragraph 1, the authorization may also be subsequently provided with conditions or conditions. "

(9) In Article 3, paragraphs 4 and 5 are:

" (4) The authorization may impose conditions and conditions on the grounds set out in paragraph 1 above. In particular, the obligation to notify the Federal Minister of Home Affairs of the actual use of the authorization within a reasonable period of time, or a confirmation of the arrival of the war material at the consignee, may be provided for. (Receipt Confirmation). In the cases referred to in Article 1 (2) (2) (2), if this is necessary on the basis of certain facts with regard to the criteria of paragraph 1, an export restriction for the subsequent export of the war material from an EU Member State to third countries may be , such as in particular those which require the consent of Austria to be approved in accordance with paragraph 8.

(5) Under the conditions laid down in paragraph 1, holders of a trade permit for the weapons industry may be entitled to a trade permit in accordance with Section 139 (1) (2) of the Commercial Code 1994 (GewO), Federal Law Gazette (BGBl). No 194, which make it credible that they regularly spend certain types of war material on certain recipients or groups of recipients within the EU (Article 1 (2) (2)), on application for an authorisation to perform these operations on a A period of three years is granted (global authorisation). The type or types of war material and the recipients or groups of recipients for which the global authorisation is applicable shall be indicated in the communication. A global authorisation may not be granted for war material pursuant to § 5 (2a) Z 2. On request, the authorization may be extended for a further three years, provided that the conditions for its grant continue to be met. "

10. In § 3 (7), after the word "Security Policy Act" the parenthesis expression "(SPG)" inserted and omitted the word sequence "in the version in force in each case" .

(11) The following paragraphs 8 and 9 are added to § 3:

" (8) Upon request, the Federal Minister of the Interior, in agreement with the Federal Minister for European and International Affairs, may, after hearing the Federal Minister for Defence and Sport, for a specific individual case of a Export restriction within the meaning of paragraph 4 and give its consent to the export of the material of war to a particular third country, if, according to the given legal situation, an export from Austria to that third country is also granted Would.

(9) The Federal Minister of the Interior has, in agreement with the Federal Minister for European and International Affairs and after hearing the Federal Minister for National Defence and Sport, at the request of trader pursuant to § 3 (5), the make it possible to obtain a credible interest in the conclusion of a specific legal transaction concerning the export of war material to a third country, to provide information on whether, according to the criteria set out in § 3, the export of the product by type and quantity is currently determined War material is granted to a particular recipient for a certain end use could. The information does not require any justification and is not binding. If information cannot be provided, it must be notified to the information advertiser and, at the request of the latter, it must be stated in a modest way. "

12. In Section 3a (3), in the first sentence, after the word "Propagate" the phrase "and use the data transmitted to him in comparable cases" and after the word "Transfers of war material" the phrase "or in order to assess whether existing permits are to be provided, restricted or revoked, subject to conditions or conditions," inserted.

13. In Section 3a (4), the word sequence is deleted in Z 1. "including the necessary technical specifications" and in Z 2 the phrase "and Value" .

14. In accordance with § 3a, the following § 4 with headline is inserted:

" Obligations in the import, export and transit of war material, control

§ 4. (1) Documents issued pursuant to this Federal Act as well as in the case of an authorisation-free entry or transit pursuant to § 5 (2a) corresponding documents of other EU Member States and in the case of § 5 (3) for proof of the purpose of export Appropriate documents shall be submitted by the holder of the authorization or, if no authorization is required, from the sender to the transporter and shall be accompanied by the transporter in the original or in the copy during the transport of the war material collected by the consignor.

(2) On all import, export and transit pursuant to this Federal Act, records shall be kept, which shall include the following information:

1.

Name of the war material, including technical specifications and number according to the list of defence equipment listed in the Annex to Directive 2009 /43/EC on the simplification of the conditions of intra-Community transfers of defence-related products, OJ L 327, 22.3.2009, p. No. OJ L 146, 10.06.2009, p. 1, as amended,

2.

the quantity and value of the war material,

3.

the date and purpose of the shipment;

4.

the name and address of the shipper, the consignee and, where appropriate, the end-user,

5.

Proof of compliance with all conditions and conditions as well as in accordance with paragraph 4 of existing information obligations as well as

6.

the documents, documents and documents referred to in paragraph 1.

The records shall be kept by the consignee in the case of imports from the consignee, in the case of exports from the consignor, in the case of transit through the holder of the authorization or in the case of § 1 (2) Z 3. The records and the related business documents shall be kept for five years from the end of the calendar year in which the respective movement has been carried out.

(3) All imports shall be reported by the consignee to notify the Federal Minister of Home Affairs without delay of all exports from the sender, stating the information provided for in paragraph 2 (1) (1) to (4). If the reporting party is a trader in accordance with § 3 (5), it is sufficient to have an annual collection report. This is to be reimbursed up to the maximum of 1 March for the preceding calendar year in the form of a list from which the movement operations are sorted alphabetically by country, type of shipment (imports from that country and exports to that country), the information may be seen in accordance with Section 2 (2) (1) to (4) and, where applicable, the number of business of the approval (§ 3). Exports and associated imports pursuant to § 5 (3) shall be disclosed separately.

(4) In the case of an export pursuant to Section 1 (2) (2) (2), the holder of the authorization has the recipient of any export restrictions pursuant to § 3 (4) as well as of any export restrictions of other EU Member States due to previous shipments of the to provide evidence of war material within the EU. In the case of the release of war material in the territory of the Federal Republic of Germany, the superior has demonstrably informed the recipient of such export restrictions.

(5) In order to control compliance with the provisions of this Federal Law, security authorities, bodies of the public security service, as well as customs authorities and their bodies shall be entitled, from recipients, senders, transporters and depositors of to demand war material and the persons employed by these workers,

1.

to hand over the documents, documents and documents referred to in paragraph 1,

2.

to grant access to the records kept pursuant to paragraph 2 and to the related business documents, to provide information and to provide copies of such documents; and

3.

to allow for the entry, opening and inspection of land, buildings, containers and means of transport.

Such a request shall be complied with without delay. If the person concerned refuses to comply with the orders or to tolerate the necessary acts, this can be enforced by means of direct force. § 50 SPG is to be applied. In the case of control activities, a disturbance of the business operation and any oversight should be avoided as far as possible and shall be proportional to the occasion and to the desired success. "

15. In § 5 (2), the first sentence reads: "An authorisation in accordance with § 3 is not required for the export of war material by the Federal Minister referred to in paragraph 1; however, it shall require the consent of the Federal Government."

16. In Section 5 (2), in the Z 1 after the word "Maintenance," and in the Z 2 after the word "Preleadership," the word "Exhibition," inserted.

17. According to Article 5 (2), the following paragraph 2a is inserted:

" (2a) An authorisation in accordance with § 3 shall not be required for import or transit in accordance with Article 1 (2) (2) (1) and (3) if:

1.

there is a corresponding export licence from that EU Member State from which the war material is transferred or under the law of that EU Member State, no such authorisation is required; and

2.

it's not about war material

a)

as defined in § 1 Section I Z 7 of the Federal Government Ordinance of 22 November 1977 on War Material (War Material Ordinance), BGBl. No 624/1977, or

b)

within the meaning of the Federal Law on the Prohibition of Anti-Persons-Mines, BGBl. I No 13/1997, or

c)

within the meaning of the Federal Law on the Prohibition of Blinding Laser Weapons, BGBl. I No 4/1998, or

d)

within the meaning of the Federal Law on the Prohibition of Cluster Munitions, BGBl. I No 12/2008, or

e)

with respect to its intake or transit other, the one in lit. (b) to (d) is subject to comparable legal restrictions,

"

18. § 5 (3) reads:

" (3) An authorisation in accordance with § 3 shall not be required for exports to another EU Member State for the purpose of presentation, exhibition, maintenance or repair as well as for the purpose of returning it after such an operation. This shall not apply if the material concerned is war material within the meaning of paragraph 2a Z 2. "

(19) In paragraph 6, paragraphs 1 and 2 are as follows:

" (1) The customs authorities and their institutions have within the framework of the customs authorities and their institutions pursuant to Section 29 of the Customs Law Implementing Act (ZollR-DG), BGBl. No 659/1994, to take part in the enforcement of this Federal Law.

(2) The authorization referred to in § 3 shall be a required document for the customs declaration pursuant to Article 62 (2) of Regulation (EEC) No 2913/92 establishing the Community Customs Code, OJ L 327, 31.12.1992, p. No. OJ L 302, 19.10.1992 p. 1, as last amended by Regulation (EC) No 1791/2006, OJ L 210, 31.7.2006, p. No. 1., as amended by the corrigendum OJ L 363, 20.12.2006, p. No. OJ L 205 of 22.07.1998 p. 75.

20. § 7 (1) reads:

" (1) Who

1.

Without the authorization required under this Federal Act, war material shall be used, carried out or carried out or mediated or, in the case of being brought by a transporter, made from, or carried out by, or carried out by a transporter, or

2.

by inaccurate or incomplete Information, declarations or evidence the granting of an authorization shall be made difficult or

3.

by inaccurate or incomplete Information, declarations or evidence the issue of export restrictions, the establishment of conditions, the acceptance of a restriction or the revocation of an authorization, or

4.

Information requirements in accordance with § 4 (4) are not fulfilled,

if the act is not punishable by other provisions with a stricter penalty, it must be punished by the court with a custodial sentence of up to three years. Any person who acts as a commercial or by deception of facts under the use of a false or falsified document, false or falsified data or any other such evidence shall be punishable by imprisonment from six months to five years. years to punish. "

21. In § 7 (2) the word order is deleted " , if only negligently, " .

22. In accordance with § 7 (2), the following paragraph 2a is inserted:

" (2a) Whoever negates any of the acts referred to in paragraph 1 (1), (1), (3) or (4) or (2) shall, unless the offence is punishable by other provisions with a more stringent penalty, be punishable by the court with imprisonment of up to two years or fine until to 360 daily rates. "

23. § 8 (1) reads:

" (1) Who

1.

in contravention of the conditions laid down in the claims adopted pursuant to this Federal Act, or

2.

Do not hand over documents or documents to the transporter in accordance with Section 4 (1) or do not carry these documents or documents during the transport process or

3.

Do not comply with recording and retention requirements in accordance with § 4 (2), or

4.

Reporting obligations in accordance with § 4 (3) are not fulfilled or

5.

does not comply with its obligations to the security authorities, the public security service bodies and to the customs authorities and their institutions pursuant to Article 4 (5); or

6.

in a procedure under this Federal Act, incorrect or incomplete Make statements, make statements or provide evidence ,

provided that the conduct does not comply with a judicial offence, an administrative surrender and is from the district administrative authority, in the sphere of action of a federal police Directive from the latter, with a fine of up to € 40 000, or with a custodial sentence of up to six weeks, in the event of a negligent offence punishable by a fine of up to EUR 25 000. "

(24) The following paragraph 3 is added to § 8:

" (3) The bodies of the Public Security Service have been responsible for the enforcement of this Federal Law

1.

Measures to prevent the threat of administrative transgressions,

2.

Measures to immediately end administrative transgressions,

3.

measures necessary for the initiation and implementation of administrative criminal proceedings,

participating. "

25. In accordance with § 10 (2b), the following paragraph 2c is inserted:

§ 1 para. 2, § 3 para. 1, 1a Z 2, para. 2, 2a, 3, 4, 5, 7, 8 and 9, § 3a para. 3, 4 and 5, § 4, § 5 para. 1, 2, 2a and 3, § 6 para. 1 and 2, § 7 para. 1, 2 and 2a, § 8 para. 1 and 3, § 11, § § 12 to 14, the section transcripts and the Table of contents in the version of the Federal Law BGBl. I No 72/2011 shall enter into force with 30 June 2012. "

26. According to § 11, the following § § 12 to 14 shall be inserted together with the headings:

" Linguistic equality

§ 12. As far as natural persons are referred to in this Act only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 13. References in this Federal Act to other federal laws are to be understood as references to the version in force in each case, insofar as it is not expressly intended to be otherwise.

Transitional provisions

§ 14. (1) Procedures pending on 30 June 2012, which are covered by the regulatory content of this Federal Law, are in accordance with the provisions of this Federal Law in the version of the Federal Law BGBl. I n ° 72/2011 shall end.

(2) Bewilligungen, which according to this federal law in the version of the Federal Law BGBl. I n ° 50/2005 have been granted as appropriate permits within the meaning of the Federal Law BGBl. I No 72/2011.

(3) § 3 (2a) does not apply with regard to export restrictions issued by other EU Member States before 30 June 2012.

(4) On criminal acts that are prior to the entry into force of the Federal Law BGBl. I n ° 72/2011 shall be the penal provisions of § § 7 and 8 in the version of the Federal Law BGBl. I n ° 50/2005. '

Fischer

Faymann