Change Of The War Material Act

Original Language Title: Änderung des Kriegsmaterialgesetzes

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72. Federal law that modifies the war material act

The National Council has decided:

The war material act - KMG, BGBl. No. 540/1977, as last amended by Federal Law Gazette I no. 50/2005 is amended as follows:

1 the following table of contents is preceded by the text of the law:

"Table of contents



§ 1.





Subject and definitions







§ 2.





War material







§ 3.





Granting







section 3a.





Communications and data transmission







§ 4.





Obligations regarding the import -, export and transit of war material, control







§ 5.





Exceptions







§ 6.





Customs







§ 7.





Judicial penal provisions







§ 8.





Administrative offences







§ 9.





Expiry of







§ 10.





Entry into force







§ 11.





Enforcement







§ 12.





Linguistic equal treatment







§ 13.





References







§ 14.





Transitional provisions"





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

3 the following sentence is immediately added § 1 paragraph 2:

"Is that



1 import from another EU Member State or 2. export in another EU Member State or 3 transit from another EU - Member State in another EU - Member State, is a movement within the European Union."

4. in section 3, paragraph 1, Article 3a para 3, 4 and 5 and § 11 is replaced each the word "Foreign" or "foreign" by the phrase "European and international" and inserted in article 3, paragraph 1, article 5, paragraph 1 and article 11 after the word "Defence" the phrase "and sports".

5. in article 3, para 1a No. 2 is inserted the phrase "in connection with part V of the Treaty on the functioning of the European Union" after the word "Union".

6. the article 3 par. 2 is as follows:

"(2) the granting of the authorisation may be subject for the reasons referred to in paragraph 1, in particular by the presentation of a so-called"final consumption certificate"or an import permit from the country of destination."

7. According to section 3, paragraph 2, the following paragraph 2a is inserted:

"(2a) a request for the export of previously from another EU - Member State Austria imported war material in a third country the applicant has to explain whether and, where appropriate, which export restrictions which Member States request concrete war material due to previous shipments of this war material within the EU have reached him to note." A possible consent of the EU Member States to the proposed export of war material in this third country must be submitted; such does not exist, is attempting to catch up with them, such as a confirmation of the delivery of the approval request to the Member State of the EU or a negative response that EU Member State to prove. Export restrictions in other EU Member States are adequately taken into account in the context of the decision on the application. If necessary, the Federal Minister of the Interior in the ways of the Federal Minister for European and international affairs can consult the concerned EU Member States."

8. the section 3 para 3 is as follows:

"(3) the permit is adequate to limit; She is to restrict or revoke if later circumstances arise or become known, their occurrence or known his approval would not been granted. Para 1a shall apply mutatis mutandis. The permit can be fitted later for the reasons mentioned in paragraph 1 with requirements or conditions."

9. in article 3, paragraphs 4 and 5 are:

"(4) in the authorization can be for the reasons stated in paragraph 1 granted requirements and conditions laid down. This connection can be provided in particular the obligation to report the actual use of the permit the Federal Minister of the Interior within a reasonable period of time or to submit a confirmation of the arrival of the war material at the receiver (goods receipt). In the cases of § 1 para 2 Z 2 can, provided if this is necessary due to certain facts in regard to the criteria of paragraph 1, a restriction on exports for subsequent export of war material from an EU Member State in third countries as in particular that need such export of Austria's consent in accordance with paragraph 8.

(5) under the conditions of paragraph 1 No. 2 of the Gewerbeordnung (GewO), BGBl. No. 194, 1994 which allege that they spend regularly specific or certain types of war material to specific recipients or groups of recipients within the EU can holders of a trade licence for the gun industry in accordance with section 139, paragraph 1 (§ 1 para 2 No. 2), at the request of a permit for these operations for a period of three years are granted (global license). That or the types of war material as well as the recipients or groups of recipients, governed by the global grant are to indicate in the notification. On war materiel in accordance with § 5 para 2a No. 2 a global authorisation may be granted. At the request of the approval for another three years may be extended, if the conditions continue to exist for their issuance."

10. in section 3, paragraph 7, the parenthetical expression (SPG) is inserted after the word "Security Police Act" and deleted the phrase "in its up-to-date version".

11. the section 3 be attached following paragraph 8 and 9:

"(8) at the request of the Federal Minister of the Interior in consultation with the Federal Minister for European and International Affairs may after consultation with the Federal Minister of national defence and sports for a specific case of a restriction on exports within the meaning of paragraph 4 and give its consent to the export of war material in a specific third country when after the given material and legal situation also export from Austria in this third country would grant.

(9) the Federal Minister for Home Affairs is in agreement with the Federal Minister for European and international affairs, and after consultation with the Federal Minister of national defence and sports related trader in accordance with article 3 par. 5, which make her interest in entering a specific legal transaction on an export of war material in a third country, to grant, whether the export of war material specific to the type and amount to a specified recipient for a specific end use could be granted currently according to the criteria of article 3 information. The information requires no justification and is not binding. Information may not be granted, to inform the person requesting information and at whose request administrative decision to determine is."

12. in Article 3a, paragraph 3, in the first sentence after the word "the phrase pass" "and the use of these data in comparable cases to him" and insert after the word "Munitions transfers" the phrase "or to assess whether existing permits with conditions or conditions are, to provide, to limit or revoke".

13. in Article 3a para 4 2 accounts for in the Z 1 the phrase "including the necessary technical specifications" and in the Z word order "and value".

14. According to § 3a the following section 4 together with heading shall be inserted:

"Requirements for the import -, export and transit of war material, control

4. (1) on the basis of this Federal Act adopted decisions as well as in the case of a permit-free single - or transit in accordance with § 5 para 2a corresponding documents in other EU Member States and records appropriate in the case of article 5 par. 3 to the proof of the purpose of the export are by the holder of the authorization or, if no permit is required to pass the feed from the sender and to carry when the transport of war materials covered by them in the original or copy of this.

(2) on all inputs, training and went through to this federal law are records to which include the following information:



1. identification of the war material including technical specifications and number according to the list of defence equipment in the annex of to Directive 2009/43/EC to facilitate the conditions for intra-EU transfers of defence-related products, OJ No. L 146 of June 10, 2009 p. 1, amended, 2. quantity and value of the war material, 3. date and purpose of the movement, 4. name and address of the sender, the receiver and, if necessary, end user, 5. evidence of compliance with any terms and conditions, as well as to section 4 of existing information obligations as well as 6 the decisions referred to in paragraph 1, documents and records.


The records are for imports by the receiver, with exports by the sender, in conduct by the holder of the authorization or in the case of § 1 para 2 to lead No. 3 by the carrier. The records, as well as the associated business papers are five years, calculated from the end of the calendar year in which the respective shipment operation has occurred, to be kept.

(3) all imports are from the receiver, all exports of the sender, indicating the information referred to in para immediately to report the Federal Minister of the Interior 2 Z 1 to 4. If the reportable to a trader in accordance with article 3 par. 5, an annual collective message is sufficient. This is up to no later than 1 March for the preceding calendar year in the form of a list, which the shipment in alphabetical order the information referred to in paragraph 2 showing Z 1 to 4, as well as, where appropriate, the reference number of the permit notification (section 3) by State, type of shipment (imports and exports in this State). Exports and its imports pursuant to § 5 para 3 are separately.

(4) in the case of re-exported in accordance with § 1 para 2 subpara 2 has proven to inform the recipient of any export restrictions pursuant to § 3 para 4, as well as any export restrictions on other EU Member States on the basis of previous shipments of war materials within the EU the holder of the authorization. When the supply of war material in the Federal territory, the consignor has proven to inform the recipient of such export restrictions.

(5) in order to control of the compliance with the provisions of this Federal Act, security authorities are, organs of public security and customs authorities and their organs authorized by recipients, senders, carriers and persons employed to require custodians of war material, as well as the these.



1. the notices referred to in paragraph 1, handed over documents, insight in the records in accordance with paragraph 2 and the related business papers to grant 2., to provide information and handed over copies of such documents and entry, open to and seeing the land, buildings, containers and means of transport to allow 3rd.

Such a desire is to comply immediately. The person concerned refuses to comply with the orders or to tolerate the necessary acts, this can be enforced with immediate coercive power. § 50 SPG is to apply. Control activities are possible to avoid a disruption of business and every sensation and is to maintain the proportionality to the occasion and the aspired success."

15. in section 5, paragraph 2, the first sentence reads: "a permit under section 3 is not required for the export of war material by the Federal Minister indicated in paragraph 1; She however, requires the approval of the Federal Government."

16. in section 5, paragraph 2, 1 after the word "Maintenance", and in the Z is inserted in the Z 2 after the word "Demonstration" of each word "Exhibition".

17. According to section 5, paragraph 2, the following paragraph 2a is inserted:

"(2a) a permit is not required for inputs pursuant to § 3 or perform in accordance with § 1 para 2 Nos. 1 and 3, if"



1 an appropriate export permit that EU Member State exists, which spent the war material, or no such authorization is required under the law of this Member State and 2 it is not war material a) within the meaning of § 1 section I Z 7 of regulation of the Federal Government of 22 November 1977 concerning war material (war material Regulation), Federal Law Gazette No. 624/1977, or b) within the meaning of the Federal law on the ban of anti-personnel mines , Federal Law Gazette I no. 13/1997, or c) within the meaning of the Federal Act on the prohibition of blind advertising laser weapons, Federal Law Gazette I no. 4/1998, or d) within the meaning of the Federal law on the ban of cluster munitions, BGBl. I no. 12/2008, or e) that with regard to its input or transit others, in lit. b legal restrictions comparable to provisions referred d is subject to, is."

18. the article 5 par. 3 is as follows:

"(3) a permit referred to in section 3 is not required for exports in a different EU Member State for the purpose of demonstration, exhibition, maintenance or repair, as well as for the purpose of returning after a such operation. This does not apply, if it is war materiel in the sense of paragraph 2a No. 2."

19. in article 6, paragraphs 1 and 2 are as follows:

"The Customs authorities and their organs have in the frame (1) join them in accordance with article 29 of the customs law implementation law (ZollR-DG), Federal Law Gazette No. 659/1994, granted powers to the enforcement of this Act."

(2) the authorisation pursuant to article 3 is a required document to the customs declaration in accordance with article 62 paragraph 2 of Regulation (EEC) No 2913/92 establishing the customs code, OJ No L 302 of the 19.10.1992 p. 1, as last amended by Regulation (EC) no 1791/2006, OJ No. L 363 of 20.12.2006 p. 1, as amended by the amending OJ "No. L 205 of the 22.07.1998 S. 75."

20. the article 7, paragraph 1 reads:

'(1) who



1 war materiel without the hiefür according to this federal law required authorization, out - or carries or conveys or, in the case of introduction through a feed from this, from - or perform leaves or 2. by inaccurate or incomplete information, statements or proof reinstates the granting of a permit or 3rd due to inaccurate or incomplete information, explanations or evidence the granting of export restrictions, the establishment of conditions , making a restriction or revocation of authorization holds aside or 4 does not meet is obligations in accordance with § 4 para 4, unless the fact not after other provisions, stricter punishment is threatened by the Court to imprisonment to punish up to three years. "Who practice professional, or through misrepresentation of facts using a false or forged document, false or falsified data, or any other such evidence commits, is to be punished with imprisonment from six months up to five years."

21. in section 7, paragraph 2 the phrase is omitted ", if only negligence".

22. According to article 7, paragraph 2, the following paragraph 2a is inserted:

"(2a) who one who commits Z 1, 3 or 4 or paragraph 2 in paragraph 1 acts referred to, negligence is, unless the Act is threatened after other more stringent penalty provisions, to punish up to two years or fined by the Court with imprisonment up to 360 daily rates."

23. the article 8, paragraph 1 reads:

'(1) who



1. against the conditions that in the basis of this Federal Act adopted decisions, violates or passes 2. notices, documents or documents not in accordance with § 4 para 1 to the carrier or not carrying them during transport or 3 fails to capture and retention obligations in accordance with article 4, paragraph 2, or does not meet reporting obligations in accordance with § 4 para 3 4 or 5 his obligations to the security authorities , the organs of public security and customs authorities and their organs in accordance with § 4 paragraph 5 does not fulfil or 6 in a proceeding under this federal law makes incorrect or incomplete information, statements or provides evidence, unless the behavior satisfies any judicially indictable offence, commits an administrative offence and is up to EUR 40 000 by the district administrative authority, in the scope of a Federal Police Directorate of this fine or with imprisonment up to six weeks ", in the case of a negligent offence with a fine up to €25 000 to punish."

24 the following paragraph 3 is added to the section 8:

"(3) the bodies of the public security service have on the implementation of this federal law



1. measures to prevent imminent administrative offences, 2.
Measures for the immediate termination of administrative offences, 3.
Measures that are required for the introduction and implementation of administrative penal proceedings to participate."

25 according to § 10 para 2, the following paragraph 2 c b shall be inserted:

"(2c) of § 1 para 2, § 3 para 1, 1a No. 2, para 2, 2a, 3, 4, 5, 7, 8 and 9, section 3a, paragraph 3, 4 and 5, article 4, article 5, paragraph 1, 2, 2a and 3, article 6, paragraph 1 and 2, article 7, paragraph 1, 2 and 2a, § 8 para. 1 and 3, § 11, the sections 12 to 14, which I no. 72/2011 contact section headings as well as the table of contents in the version of Federal Law Gazette in force on June 30, 2012."

26. pursuant to § 11 following sections 12 to 14 including headings shall be inserted:

"Linguistic equal treatment

§ 12. As far as this law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

References

13 references in this Federal Act on other federal laws are to be understood as references to the applicable version, as far as not expressly otherwise destined.

Transitional provisions

Pending cases which are covered by the regulatory content of this Federal Act are section 14 (1) on June 30, 2012 according to the provisions of this Federal Act in the version of Federal Law Gazette I to lead No. 72/2011 to end.


(2) I considered permits, which I have been granted under this Federal Act in the version of Federal Law Gazette No. 50/2005, corresponding permits within the meaning of the Federal Act Federal Law Gazette No. 72/2011.

(3) with respect to export restrictions, issued by other EU Member States before June 30, 2012, § 3 paragraph 2a shall not apply.

(4) criminal acts which I no. 72/2011 have been committed prior to the entry into force of the Federal Act Federal Law Gazette, the penalty provisions of § are § 7 and 8 in the version of Federal Law Gazette I 50/2005 continue to apply Nr."

Fischer

Faymann