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Foreign Trade Act 2005 - Außhg 2005 And Change Of The War Material Act

Original Language Title: Außenhandelsgesetz 2005 - AußHG 2005 und Änderung des Kriegsmaterialgesetzes

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50. Federal Law, with which the Foreign Trade Act 2005-Outside HG 2005 is enacted and the War Material Act is amended

The National Council has decided:

Article I

External Trade Act 2005-Foreign HG 2005

table of contents

1. Section:

General provisions

§ 1. Definitions

§ 2. Principle of freedom of consent

§ 3. Value limits

Section 2:

In-, out and transit, mediation

§ 4. Authorisation requirements

§ 5. Conditions for granting the consent

§ 6. Prohibitions

§ 7. Security measures

§ 8. Reporting requirements

Section 3:

Freight transport with other EU Member States

§ 9. Reporting and disclosure requirements

Section 4:

Technical assistance

§ 10. Prohibitions

§ 11. Authorisation requirements

§ 12. Exceptions

Section 5:

Additional provisions for the implementation of the CWC and the Biotoxin Convention

§ 13. Prohibitions

§ 14. Authorisation requirements

§ 15. Reporting requirements

§ 16. Mixtures and finished products

§ 17. National Authority

§ 18. Representation in the Conference of the States Parties

6. Section:

Special provisions for trade

§ 19. Import certificates

§ 20. Liberation provisions

§ 21. Notice of determination

§ 22. Nullity of legal transactions

Section 7:

Cooperating with the main committee of the National Council and with other federal ministers

§ 23. Special provisions for the release of regulations

§ 24. Referral of other Federal Ministers and the establishment of an advisory council

8. Section:

General rules on permits, notifications and import certificates

§ 25. Form and content of applications and notifications

§ 26. Responsible officers

§ 27. Assessment of reliability

§ 28. Requirements

§ 29. Other rules on permits and import certificates

§ 30. General permits

§ 31. Revocation, posterior conditions

9. Section:

Monitoring

§ 32. General control provisions

§ 33. Special provisions for review in accordance with the CWC

§ 34. Supervisory powers of the Federal Minister for Finance

§ 35. Storage of documents

§ 36. International cooperation

10. Section:

Criminal provisions

§ 37. Judicial acts of criminal law

§ 38. Seizure

§ 39. Administrative administrative procedures to be punished

§ 40. Simplified order

§ 41. Administrative penalty provisions

§ 42. Waste disposal

11. Section:

Final provisions

§ 43. Customs treatment of sheids

§ 44. Relationship to other federal laws

§ 45. Linguistic equality

§ 46. In-force pedals and transitional provisions

§ 47. Enforcement clause

1. Section:

General provisions

Definitions

§ 1. In the sense of this federal law:

1.

"Goods" means goods, software or technology;

2.

"technology" means technical knowledge, in particular technical knowledge, for the development, production, application, operation, commissioning, installation or maintenance of equipment or materials which is not generally accessible and which is not accessible to the public; electronic media, telefax or telephone, where this applies to the oral transfer of technology over the telephone only insofar as the technology is contained in a document and the relevant part of the document is included in the document Phone read or on the phone is described in such a way that essentially the the same result;

3.

"customs territory of the Community" means the customs territory of the Community under Article 3 of the Community Customs Code, Regulation (EEC) No 2913/92, OJ L 297, 31.12.1992, p. No. OJ L 302, 19.10.1992 p. 1, certain areas;

4.

"other EU Member State" means an area which belongs to the customs territory of the Community but not to the territory of the Federal Republic of Germany;

5.

"third country" means an area which is not part of the customs territory of the Community;

6.

"person or company" means a natural or legal person, a civil society of commercial law or a registered working party;

7.

"Export":

a)

an export procedure within the meaning of Article 161 of the Community Customs Code, or

b)

a re-export within the meaning of Article 182 of the Community Customs Code, or

c)

a temporary export under outward processing arrangements within the meaning of Article 145 of the Community Customs Code,

d)

the transmission of software or technology by means of electronic media, telefax or telephone to a destination outside the European Community, for the oral transfer of technology via the telephone only to the extent that: where the technology is contained in a document and the relevant part of the document is read on the telephone or is described on the telephone in such a way as to achieve the same result, provided that such an operation is taken from the the Federal Republic of Germany;

8.

"exporter":

a)

any person or company in respect of which an export declaration or, in the case of Z 7 lit. (c) an application for outward processing, that is to say, the person or company who, at the time of receipt of the application, is the contract partner of the consignee in the third country and who is responsible for the consignment or transitory The dispatch of the goods from the customs territory of the Community shall determine if no export contract has been concluded or if the contracting party is not acting on its own account, it shall be decisive for the consignment or the temporary dispatch of the goods. actually determines goods from the customs territory of the Community; or

b)

in the case of an export according to Z 7 lit. d any person or company which decides to transfer software or technology by means of electronic media, fax or telephone to a destination outside the European Community, or

c)

the Contracting Party established in the field of application where, in accordance with the export contract, the right to dispose of the goods is to be granted to a person or a company established outside the customs territory of the Community;

9.

"transit" means the transport of goods through the customs territory of the Community, in which such goods are not delivered to any other customs-approved treatment or use other than the external transit procedure, or in which they are only used in a free zone or a free warehouse, where they do not have to be recorded in approved stock records, provided that the transport is also carried out by the federal territory;

10.

"mediation" means a process in which an intermediary within the meaning of Z 11

a)

Negotiations on a legal transaction involving the transfer of goods from a third country to another third country, or

b)

Causes such a legal transaction to come into force, or

c)

buy or sell goods if they are to be transferred from a third country to another third country, or

d)

Causes goods to be transferred from a third country to another third country in his/her own property;

11.

"facilitator" means a person or a company carrying out one or more operations within the meaning of Z 10; and

a)

this activity or activity is carried out by the Federal territory, or

b)

has Austrian citizenship and is resident in the territory of the Federal Republic of Germany, or

c)

in the territory of the Federal Republic of Germany;

12.

"types of goods transport" means the entry, export and transit of goods and the transfer of goods;

13.

"technical assistance" means any technical assistance, including in oral form, in connection with the repair, development, manufacture, assembly, testing, maintenance or any other technical service, such as in the form of: Form of training, advice, training, transfer of practical knowledge or skills, or in the form of advisory services, provided that they are carried out outside the European Union by Austrian citizens or by persons or companies provided in the territory of the Federal Republic of Germany, a place of residence, a seat or a have establishment;

14.

"other operation" means an operation which is subject to a restrictive measure based on the directly applicable law of the European Community within the meaning of Z 15 lit. (b) where it is not an import, an export within the meaning of Z 7, a transit within the meaning of Z 9, a mediation within the meaning of Z 10 or technical assistance within the meaning of Z 13;

15.

"directly applicable law of the European Community":

a)

Acts of the European Community on the basis of Article 133 of the EC Treaty to control trade in goods and certain services, which, in addition to possible civil uses, also for military purposes, for the purpose of enforcement of the the death penalty, torture or other inhuman or degrading treatment may be used or provided,

b)

Acts of the European Community on the basis of Article 301 of the EC Treaty, which lay down restrictive measures, with the exception of restrictive measures falling within Article 60 of the EC Treaty, and

c)

Acts of the European Community on the basis of Article 133 of the EC Treaty, with which others than those in lit. (a) restrictions on the import and export of goods under the common commercial policy are laid down;

16.

"CWK": the Convention of 13. Jänner 1993 on the prohibition of the development, production, stockpiling and use of chemical weapons and on the destruction of such weapons, BGBl. III No 38/1997;

17.

"OPCW" means the organization established by the States Parties to this Convention with the headquarters in The Hague/Kingdom of the Netherlands for the Prohibition of Chemical Weapons in order to achieve the aim and purpose of the CWC in order to ensure the implementation of its provisions, including those on the international verification of compliance with the Convention and as a framework for consultations and cooperation between States Parties;

18.

"Biotoxin Convention": the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons as well as on the Destruction of such weapons, BGBl. No. 432/1975.

Principle of freedom of consent

§ 2. Not subject to any restriction

1.

the import or export of goods from or into the customs territory of the Community, provided that such operations are carried out in or out of the territory of the Federal Republic of Germany;

2.

the transit of goods,

3.

the placement of goods and

4.

the transfer of goods from the territory of the Federal Republic to another EU Member State or from another EU Member State to the Federal Republic of Germany,

where the European Community's law, federal law or other provisions are not directly applicable, to the extent that they are not directly applicable.

Value limits

§ 3. (1) Where value limits are laid down in this Federal Act or in a Regulation adopted on its basis, the customs value of the goods shall be determined in accordance with Articles 28 to 36 of the Community Customs Code.

(2) Where a consignment of goods is divided into a customs warehouse or free warehouse, and submissions are to be released separately for free circulation, the relevant value of the total value of the goods referred to in paragraph 1 shall be considered to be the total value of the consignment. Consignment.

Section 2:

In-, out and transit, mediation

Authorisation requirements

§ 4. (1) Where an authorization does not already exist under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b is required, require the approval of the Federal Minister of Economics and Labour in accordance with this Federal Act:

1.

the import, export and transit and the transfer of chemicals listed in List 1 of the Annex to this federal law, and

2.

the export, transit and transfer of chemicals listed in List 2 of the Annex to this Federal Law.

(2) If the European Community is not directly applicable to applicable law, the Federal Minister of Economics and Labour has a duty to authorise the import, export, transit or brokering of the to lay down, where necessary, other goods referred to in paragraph 1, in the carriage of goods, with individual or all third countries

1.

for the fulfilment of the obligations of Austria under the legislation of the European Union or other provisions of international law, in particular for the implementation of any embargo on certain third countries or for the implementation of Convention in the field of arms control and technology transfer control, or

2.

in the interest of Austria's internal and external security, or

3.

for the control of the movement of goods which are wholly or partly for the purpose of the development, manufacture, handling, operation, maintenance or other maintenance, storage, locating, identification, testing or inspection of goods the proliferation of chemical or biological weapons, nuclear weapons or other nuclear explosive devices, or for the purpose of the development, manufacture, maintenance or other maintenance, testing, storage or dissemination of aircraft and other carrier systems for such weapons are or may be intended to be used, or

4.

for the control of traffic with weapons not covered by Z 3, munitions or explosives and other goods not covered by Z 3, which are specially designed or modified for military purposes; or

5.

for the control of traffic in goods intended for internal repression, human rights violations or terrorist purposes.

Conditions for granting the consent

§ 5. (1) An authorization pursuant to § 4 of this Federal Act or on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. (a) or b is to be granted, where appropriate under the terms of section 28, where appropriate, if there is no reason to believe that:

1.

The authorization would violate Austria's obligations under international law within the meaning of Section 4 (2) (1) (1) of the Treaty,

2.

the goods were to be used for one of the purposes specified in Article 4 (2) (2) (3);

3.

the goods in the country of destination would be used for internal repression,

4.

the goods in the country of destination would conjure up or prolong armed conflicts, or exacerbate existing tensions or conflicts,

5.

the indicated recipient would use the goods for aggressive purposes against another country or for the forcible enforcement of a territorial claim, or otherwise the security interests of another country or the stability in the region would endanger,

6.

the goods would be used to promote terrorism or international crime,

7.

the goods would be used for serious violations of international humanitarian law,

8.

the goods in the country of destination would be diverted for a purpose other than the specified purpose, or re-exported from the country of destination to one of the purposes set out in Z 2 to 7,

9.

by the authorization, other interests of the internal and external security of Austria are violated or the external relations of Austria, including its participation in international arms export control mechanisms, are considerably would be disturbed,

10.

by the authorisation, the permanent development of the country of destination would be seriously disturbed.

(2) A permit referred to in paragraph 1 shall be granted only if the applicant has a permit to pursue the activity in which the requested transaction is to be carried out, provided that such authorization is granted for the purpose of exercising the Employment is required.

Prohibitions

§ 6. (1) prohibitions are

1.

the export, transit and transfer of chemicals listed in Lists 1 and 2 of the Annex to this Federal Law into a State which is not a Party to the CWC; and

2.

the import, export and transit of agents, toxins, weapons, equipment and means of use in the sense of Art. I of the Biotoxin Convention.

(2) The Federal Minister of Economics and Labour, by Regulation, shall prohibit the import, export, transit or broking of certain goods into individual or all third countries if this is not the case.

1.

on the basis of obligations under international law within the meaning of Section 4 (2) (1) (1), or

2.

shall be required to safeguard the interests referred to in Article 5 (1) (2) to (9) and the determination of a requirement for authorisation to do so is not sufficient.

Security measures

§ 7. (1) The Federal Minister for Economic Affairs and Labour, on the basis of the reasonable assumption that the export or transit of a good could lead to a danger to the interests referred to in § 5, and that danger is in default, because the good

1.

enter a third country in which there is an armed conflict with another State in an armed conflict or where serious and repeated violations of human rights are perpetrated or where there is a risk of serious and repeated violations of human rights. terrorist activities, and

2.

is intended or suitable for use in accordance with Article 4 (2) (2) (3) to (5); and

3.

not already a requirement for a permit or a prohibition on the basis of this federal law or on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b is subject to

it shall forthwith inform the exporter or the person or company referred to in paragraph 4 and the customs authorities and, on its own account, to initiate an authorization procedure.

(2) All Federal Ministers, in whose scope of action there are cases referred to in paragraph 1 above, have to ensure that these cases are immediately communicated to the Federal Minister for Economic Affairs and Labour.

(3) The Federal Minister for Economic Affairs and Labour has announced

1.

either to authorise the operation if, at least as a result of the imposition of conditions in accordance with Section 28, it is ensured that he does not object to the interests referred to in paragraph 5, or

2.

prohibit the operation, even if the imposition of conditions to ensure such interests is not sufficient,

and shall inform the customs authorities without delay of such communication.

(4) In the case of transit, an understanding pursuant to paragraph 1 and a communication pursuant to paragraph 3 shall be delivered:

a)

the person or company actually determined by the transit, or

b)

where this person or company is incapable of being identified, the person or company carrying out the transport, or

c)

provided that the in lit. b) person or company has neither registered office nor branch office in the territory of the Federal Republic of Germany, the person who actually carries out the transport.

Reporting requirements

§ 8. (1) The Federal Minister for Economic Affairs and Labour has to lay down, by means of a regulation, a notification requirement for the import, export or transit of goods in the transport sector with individual or all third countries, even if the underlying reasons are: Operations shall not be subject to authorisation if:

1.

on the basis of obligations under international law within the meaning of Article 4 (2) (1) (1) or

2.

is necessary in order to prevent the circumvention of a permit requirement laid down in § 4 (1) or in a regulation pursuant to section 4 (2).

(2) In a Regulation as referred to in paragraph 1, it is necessary to specify exactly where the reporting obligation relates, in particular:

1.

the goods,

2.

the types of freight transport,

3.

the country of destination or the country of destination.

(3) In so far as this is necessary in order to safeguard the interests referred to in paragraph 1 above, it may also be laid down in the Regulation that a final certificate of stay shall be submitted together with the notification.

Section 3:

Freight transport with other EU Member States

Reporting and disclosure requirements

§ 9. (1) Unless otherwise specified in § 14 or in the following paragraphs, the shipment of goods referred to in Lists 1 and 2 of the Annex to this Federal Act or in a Regulation pursuant to Section 4 (2) shall be transferred to another EU Member State to report to the Federal Minister for Economic Affairs and Labour prior to the implementation of this process.

(2) In accordance with paragraph 1, the notifiers subject to contractual relations which are subject to regular deliveries within the Community may, in accordance with the provisions of the Treaty, cover all shipments of the goods covered by and necessary for the fulfilment of those contracts. The form of a temporary global notification shall be notified if the end use is made by one or more specific persons or companies domicated or domicated in the Community. The Federal Minister of Economics and Labour, with a regulation, has to determine the necessary content of the global notification as well as provisions on periodic evidence of deliveries made. If the Federal Minister for Economic Affairs and Labour is of the opinion that a global notification does not permit a sufficient examination of the conditions set out in § 5, he shall immediately inform them of the condition.

(3) If the Federal Minister for Economic Affairs and Labour finds that the procedure notified in accordance with paragraph 1 or the operations notified in accordance with paragraph 2 do not contradict the conditions set out in § 5, he shall have the lawfulness of the operation or of the proceedings. Confirm operations with a notice.

(4) In the event that a case notified in accordance with paragraph 1 or the operations notified in accordance with para. 2 contradict the conditions set out in § 5 and can only be ensured by the application of conditions, the Federal Minister for The economy and labour must be required to comply with the relevant conditions. If conditions are not sufficient to ensure compliance with the conditions mentioned above, the Federal Minister of Economics and Labour has to prohibit the operation or operations with communication.

(5) A communication pursuant to para. 2, 3 or 4 shall be issued within three weeks from the date of the notification. If a other Federal Minister is to be referred to in accordance with Section 24 (1), this period shall be extended to five weeks. If no communication has been issued by the end of this period, the procedure referred to in paragraph 1 or the operations notified in accordance with paragraph 2 shall be deemed to have been approved. At the request of the person or company which carried out the notification, a confirmation shall be issued on this circumstance.

(6) If this is necessary in order to safeguard the obligations and interests of international law referred to in § 4 (2), the Federal Minister for Economic Affairs and Labour has to determine with a regulation that the shipment of certain goods from the Federal Republic of Germany to requires another EU Member State or another EU Member State to enter the territory of the Federal Republic of Germany.

(7) An authorisation in accordance with paragraph 6 shall be granted if all the conditions set out in § 5 are fulfilled.

(8) The Federal Minister for Economic Affairs and Labour has to determine, by means of a regulation, that a notification in accordance with paragraph 1 or an authorization pursuant to paragraph 6 is not required if the same procedure or the same operations have been approved by another. EU Member State, provided that Austria's obligations under international law provide for the recognition of such authorisation.

(9) A notification obligation pursuant to paragraph 1 or a requirement for authorisation pursuant to paragraph 6 shall not apply to:

1.

Operations, § 37 of the Weapons Act 1996, BGBl. I No 12/1997, and

2.

the movement of goods within the meaning of Article 4 (2) (4), which can only be used as components of other goods.

(10) The Federal Minister for Economic Affairs and Labour has to determine, by means of a regulation, which goods are to be regarded as components within the meaning of paragraph 9 (2).

Section 4:

Technical assistance

Prohibitions

§ 10. Technical assistance shall be prohibited if:

1. (a)

for use in connection with the development, manufacture, handling, operation, maintenance, storage, location, identification or dissemination of chemical or biological weapons, nuclear weapons or other nuclear explosive devices, or in connection with the development, manufacture, maintenance or storage of missiles suitable for the delivery of such weapons, or the supplier is aware that it is intended to do so, and

b)

this use contradicts obligations under international law within the meaning of Section 4 (2) (Z), or

2. a)

for use in connection with the development, manufacture, handling, operation, maintenance or other maintenance, storage, testing or dissemination of weapons and systems other than those referred to in Z 1 is intended or the supplier is aware that it is intended to do so, and

b)

, contrary to restrictive measures on the basis of a common position adopted by the Council of the European Union or a Joint Action adopted by the Council of the European Union, on the basis of a decision of the OSCE or on the basis of a decision by the Council of the European Union a binding resolution of the United Nations Security Council.

Authorisation requirements

§ 11. (1) Technical assistance requires the approval of the Federal Minister for Economic Affairs and Labour, if they are in connection with one of the provisions of § 10 Z 1 lit. a or Z 2 lit. a stated end use.

(2) The authorization shall be granted if, at least by means of the amortiation of conditions pursuant to § 28, it is ensured that:

1.

the technical assistance does not contradict restrictive measures within the meaning of § 10 Z 2 lit. b or to other obligations under international law within the meaning of Section 4 (2) (1) of the Treaty, and

2.

there is no reason to believe that the technical assistance would otherwise result in a final use which is contrary to the conditions set out in § 5.

Exceptions

§ 12. Unless obligations under international law in the sense of Section 4 (2) (2) (1), technical assistance shall be exempted from the prohibition in accordance with § 10 and from the obligation to give consent in accordance with Section 11, which shall:

1.

in a country for which the European Community has the right to apply directly applicable law within the meaning of Article 1 (15) (c) (lit). a is a general export authorisation of the Community; or

2.

through the transfer of information which is "manifestly" or part of "basic research" within the meaning of the relevant international arms control conventions, or

3.

oral and non-related matters which are subject to international control within the meaning of Article 4 (2) (3) and (4) (4) (2) (3) and (4).

Section 5:

Additional provisions for the implementation of the CWC and the Biotoxin Convention

Prohibitions

§ 13. (1) The development, manufacture, acquisition, storage, retention and use of chemicals listed in List 1 of the Annex to this Federal Law, in States not contracting parties to the CWC, by Austrian nationals, or persons or companies resident in the territory of the Federal Republic of Germany, are prohibited.

(2) Prohibitions are the development, production, storage, acquisition or storage of

1.

Agents and toxins in the sense of Art. I Z 1 of the Biotoxin Convention, except for species and in quantities justified by prevention, protection and other peaceful purposes; and

2.

Weapons, equipment or means of use intended for the use of the agents or toxins referred to in Z 1 for hostile purposes or in an armed conflict.

Authorisation requirements

§ 14. (1) Subject to a requirement for authorisation

1.

the development, manufacture, acquisition, storage and retention of chemicals listed in List 1 of the Annex to this Federal Law,

2.

the direct or indirect transfer of the chemicals referred to in Z 1; and

3.

the development, production, storage, acquisition or holding of the in-kind. The agents, toxins, weapons, equipment or uses referred to in the Biotoxin Convention.

(2) The operations referred to in paragraph 1 shall also be subject to a requirement for authorisation if they are carried out outside the territory of the Federal Republic by an Austrian citizen or by persons or companies who have their registered office or place of residence in the territory of the Federal Republic of Germany. Federal territory.

(3) No separate authorization in accordance with paragraph 1 shall require operations which are subject to a permit requirement in accordance with Section 4 (1).

(4) The authorization referred to in paragraph 1 or 2 shall be granted if Austria's obligations under international law, in particular in accordance with the CWC or the Biotoxin Convention, do not preclude the existence of a risk to the other interests referred to in § 5 of the Convention. is to be feared.

Reporting requirements

§ 15. (1) The following activities shall be reported to the Federal Minister for Economic Affairs and Labour:

1.

the development, production, acquisition, storage and retention of chemicals listed in List 2 of the Annex to this Federal Law,

2.

the development, production, acquisition, storage and retention of more than 10 annual tonnes of chemicals listed in List 3 of the Annex to this Federal Law,

3.

the production of organic chemicals containing the elements phosphorus, sulphur or fluorine, provided that an annual production volume of 30 tonnes is exceeded;

4.

the production of more than 200 annual columns of organic chemicals not mentioned in lists 1 to 3 of the Annex to this Federal Act, in which the production is carried out in installations in which only: hydrocarbon compounds and explosives are excluded from the notification requirement, and

5.

the possession of funds to combat unrest in accordance with Art. II Z 7 CWK as well as any change in the stock of these funds.

(2) In the case of Z 1, a notification in accordance with paragraph 1 shall immediately after reaching the relevant quantity threshold in the case of Z 2 to 4 and, in the case of Z 5, immediately after the first acquisition or change of the stock to be changed. ,

(3) In any case, the message shall contain:

1.

the chemical concerned,

2.

the nature of the activity or activities,

3.

in the case referred to in paragraph 1 (1), the date of inclusion of the activity, in the case of paragraph 1 (2) to (4), the date on which the quantity threshold was reached or, in the case of paragraph 1 (5), the date of the acquisition or change in the stock.

(4) In the event that an activity within the meaning of paragraph 1 (1) to (4) or the possession in accordance with paragraph 1 (1) (5) does not comply with the conditions laid down in § 5, and compliance with these conditions can only be ensured by imposing conditions, the Federal Minister for The economy and labour must be required to comply with the relevant conditions. If conditions are not sufficient to ensure compliance with the conditions mentioned above, the Federal Minister of Economics and Labour has to prohibit the activity, the process or the possession with a communication.

(5) The Federal Minister for Economic Affairs and Labour also has to lay down annual reporting requirements for persons and companies who have to make a notification under paragraph 1, provided that this is due to the provisions of Parts VII, VIII and IX of the Verification attachment to the CWK is required. This Regulation shall specify:

1.

the conditions for this obligation to notify in the form of annual production or trade operations actually effected or expected;

2.

the data to be reported; and

3.

the dates for the filing of the reports.

Mixtures and finished products

§ 16. (1) The prohibitions in accordance with § 6 (1) (1) and (1) (1), (1), (1) and (2) and (2) and (2) as well as the reporting obligations pursuant to § 9 (1) and (15) shall also apply to mixtures and finished products, one or more of the following: several of the chemicals covered by the restrictions.

(2) The Federal Minister of Economics and Labour, however, has to lay down by means of a regulation that all or some of the prohibitions referred to in paragraph 1, disclosure requirements or reporting obligations for all or individual operations or activities in the case of mixtures and If the percentage of the chemical or of the chemicals does not exceed a specific percentage by weight,

1.

it is compatible with Austria's obligations under international law, and

2.

is ensured that the chemicals are exclusively used in the species. II Z 9 CWK is used.

National Authority

§ 17. (1) National Authority in the sense of Art. VII (4) CWK is the Federal Minister for Economic Affairs and Labour, who is responsible in particular for the following tasks:

1.

the collection of the data to be reported in accordance with Art. III and VI as well as parts VI, VII, VIII and IX of the verification link to the CWC,

2.

the acceptance of the first declaration and all other mandatory reports to the OPCW in accordance with Art. III and VI as well as parts VI, VII, VIII and IX of the verification link to the CWC,

3.

participation in the inspections carried out and carried out by the OPCW in accordance with Art. VI (9) and (10) and parts VI, VII, VIII and IX of the Verification Annex to the CWC and Art. IX and the parts II and X of the verification link to the CWK,

4.

The immediate forwarding of OPCW inspection applications in accordance with Art. VI (9) and (10) and parts VI, VII, VIII and IX of the Verification Annex to the CWC and Art. IX paragraph 15 CWK to the institution to be inspected,

5.

the conduct of verifications regarding compliance with the obligations under this federal law in accordance with parts VI, VII, VIII and IX of the verification link to the CWC,

6.

to ensure the secrecy of all available, accessible and available data and information in accordance with the CCWC confidentiality;

7.

cooperation with Member States and with non-member states of the CWC in accordance with Art. IX, X, XI, and the verification attachment to the CWC,

8.

the assistance of the OPCW in its activities in accordance with Art. IX and X, as well as parts II, VI, VII and VIII of the verification link to the CWC,

9.

the exchange and cooperation in the scientific and technical field for purposes not subject to the CWK in accordance with Art. XI and parts VI, VII and VIII of the verification link to the CWC and

10.

the support and advice of persons and companies in matters relating to the implementation of the CWC, while respecting the confidentiality obligations laid down therein.

(2) Apart from the cases referred to in § 18, the Federal Minister for Economic Affairs and Labour shall represent Austria as a National Authority in accordance with Art. VII (4) CWK in the fulfilment of all obligations arising from the CWC.

(3) The Federal Minister for Economic Affairs and Labour has to inform the Federal Minister for Foreign Affairs of the fact that a notification has been made in accordance with paragraph 1 Z 2.

(4) In the matters referred to in paragraph 1 (1) (7), the Federal Minister for Foreign Affairs shall be given the opportunity to comment and act in agreement with him, in so far as obligations under international law or foreign policy The interests of the Republic of Austria are affected.

(5) Without prejudice to the provisions of paragraphs 3 and 4, the Federal Minister of Economics and Labour shall inform other Federal Ministers, provided that the scope of action of these Federal Ministers is affected if the tasks referred to in paragraphs 1 and 2 are fulfilled.

(6) The Federal Minister for Economic Affairs and Labour is authorized to transmit the data and information accessible to him to the Federal Minister for Home Affairs, insofar as this is necessary for security policy reasons.

Representation in the Conference of the States Parties

§ 18. The Representation of Austria in the Conference of the States Parties in accordance with Art. VIII lit. B CWK and in the Executive Council in accordance with Art. VIII lit. C CWK shall be appointed by the Federal Minister for Foreign Affairs in agreement with the Federal Minister for Economic Affairs and Labour.

6. Section:

Special provisions for trade

Import certificates

§ 19. (1) The Federal Minister for Economic Affairs and Labour has to issue import certificates on application if this is to obtain the authorisation of an export from a third country or a shipment from another EU Member State to the Federal Republic of Germany , and shall not be contrary to the conditions laid down in Article 5.

(2) If compliance with the conditions laid down in paragraph 1 can only be ensured by means of an advance of appropriate conditions, the import certificate shall be issued only with those conditions. If conditions are not sufficient to ensure compliance with the requirements, the issue of the import certificate shall be refused.

(3) An import certificate shall contain at least the following information:

1.

the name, quantity and value of the goods,

2.

Indication of the foreign supplier and the consignor,

3.

Name and address of the Austrian user and

4.

Intended use of the goods.

Liberation provisions

§ 20. The Federal Minister of Economics and Labour has a regulation in the case of certain operations, for the restrictions on the import or export of goods under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. (c) to establish limits on the value or quantity under which import or export is not subject to any restriction, provided that there is no risk to the interests to which the restriction serves.

Notice of determination

§ 21. (1) The Federal Minister for Economic Affairs and Labour shall, on request, determine whether:

1.

a good with regard to a particular type of carriage of goods with a particular third country, the shipment to or from another EU Member State or a specific activity in accordance with § § 13 to 16 of a notification requirement, a requirement for authorisation or a prohibition on the basis of this Federal Law or under the direct applicable law of the European Community, or

2.

technical assistance provided in a specific third country, a prohibition or obligation to grant a notification under this Federal Act, or a notification or authorisation or a prohibition on the basis of directly applicable laws Right of the European Community within the meaning of § 1 Z 15 lit. a or b, or

3.

an act of prohibition, obligation or obligation to notify on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. b is subject to

(2) The Federal Minister of Economics and Labour has to confirm, on request, that a certain procedure with regard to a certain good of a general authorisation pursuant to a regulation pursuant to Article 30 (1) or of a Regulation General authorisation based on the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a is subject to

Nullity of legal transactions

§ 22. (1) Legal transactions concerning transactions which are subject to a prohibition on the basis of this Federal Act or on the basis of directly applicable law of the European Community are void.

(2) Legal transactions relating to transactions which, after the conclusion of the legal transaction, are subject to a change in the law of the European Communities to a prohibition on the basis of this Federal Act or under the direct applicable law of the European Community shall be deemed to be dissolved in respect of the not yet implemented part of the law with the entry into force of the amended legislation.

(3) Legal transactions relating to transactions for which an authorization is required under this Federal Act or under the direct applicable law of the European Community shall be subject to the law as being subject to the suspensive condition of the law. concluded that the authorisation is granted.

(4) In the case of legal transactions relating to transactions for which no authorization was required under this Federal Act or under the direct applicable law of the European Community, but for which the transaction was not subject to the law of the European Community, If an amendment to the legislation requires an authorisation, an application for authorization shall be submitted. This application must be submitted within four weeks after the entry into force of the rules on the obligation to grant a permit, in the case of applications for the application of the law of the European Community directly applicable to the application of the Federal Act. within the time limits laid down therein.

(5) Where no application is made within the time limits referred to in paragraph 4, or if the application is rejected or rejected, the legal transaction shall apply with regard to the not yet implemented part by force of law with the in-force of the amended Legislation as dissolved.

Section 7:

Cooperating with the main committee of the National Council and with other federal ministers

Special provisions for the release of regulations

§ 23. (1) The release and cancellation of regulations in accordance with § 4 para. 2, § 6 para. 2 and § 9 para. 6 requires the approval of the main committee of the National Council. If the National Council is not gathered or if the approval of the main committee cannot be awaited, because the measure is urgent from one of the reasons mentioned in § 4 (2), the Federal Minister for Economic Affairs and Labour can This Regulation shall be adopted and shall report to the Main Committee of the National Council. The Federal Minister of Economics and Labour shall immediately lift such a regulation if this is required by the Main Committee of the National Council.

(2) Regulations pursuant to § 4 (2), § 6 (2), § 9 (6) and § 20 are to be issued in agreement with the Federal Minister of Finance, in so far as customs law provisions are concerned.

(3) Regulations pursuant to § 4 (2), § 6 (2) and § 9 (6) are to be issued in agreement with the Federal Minister for Foreign Affairs, insofar as international legal obligations or foreign policy interests of the Republic of Austria are affected.

Referral of other Federal Ministers and the establishment of an advisory council

§ 24. (1) In the event of an examination of the conditions for the release of a regulation or of a certificate or for the issuing of an import certificate under this Federal Act or on the basis of the directly applicable law of the European At the request of the Federal Minister for Economic Affairs and Labour, the Federal Minister for Economic Affairs and the Federal Republic of Germany has to give an opinion on these questions.

(2) Without prejudice to paragraph 1, the Federal Ministry of Economics and Labour shall be advising the Federal Minister of Economics and Labour to provide advice to the Federal Minister for Economic Affairs and Labour. It may be submitted to him all fundamental matters relating to the enforcement of this Federal Law and of the directly applicable law of the European Community, provided that this is appropriate in view of the particular importance of the subject matter. appears.

(3) Members of the Advisory Board shall be:

1.

two representatives of the Federal Ministry for Economic Affairs and Labour, a representative of the Federal Chancellery and the Federal Ministries of Foreign Affairs, for Finance, for Home Affairs, for National Defence, for Agriculture, Forestry, Environment and water management, as well as for transport, innovation and technology, and

2.

one representative of the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Austrian Chambers of Agriculture and the Austrian Trade Union Confederation and the Association of Austrian Industrialists and

3.

a representative of the countries.

(4) Replacement members shall be appointed for each member of the Advisory Board.

(5) The members referred to in paragraph 3 (3) (2) (substitute members) shall, on a proposal from the sending interest representation, the members referred to in paragraph 3 (3) (3) (3) (substitute members) shall be appointed by the Federal Minister for Economic Affairs on a proposal from the competent national authorities. Economy and work ordered.

(6) The members (substitute members) of the Advisory Board pursuant to Section 3 (3) (2) and (3) shall perform their function on a voluntary basis.

(7) The members (substitute members) of the Advisory Board and any experts who may be employed may, for the duration of their duration, be subject to official, commercial or industrial secrets entrusted to them in this capacity or accessible to them. Order and also after the erasing of your function will not be disclosed or used. They shall, in so far as they are not official representatives, be obliged by the Federal Minister of Economics and Labour to fulfil their obligations in a conscientious manner.

(8) The Federal Minister for Economic Affairs and Labour, who can be represented by an official of his Ministry, shall be chaired by the Advisory Council. The advisory services of the Advisory Board are conducted by the Federal Ministry of Economics and Labour.

(9) The advisory activity of the Advisory Board requires the presence of at least half of the members. However, should the necessary number of Members not be present at the beginning of the sitting, the Advisory Council shall, one hour after the date referred to in the invitation, be reconsidered and shall deal with the agenda without regard to the number of Representatives present.

8. Section:

General rules on permits, notifications and import certificates

Form and content of applications and notifications

§ 25. (1) Applications or notifications under this Federal Act or under the direct applicable law of the European Community shall be submitted in writing, using the forms to be provided in official form.

(2) The application or notification shall contain all the information necessary for the assessment of the operation or activity for which the application is made or for which the notification is filed. Appropriate evidence shall be attached.

Responsible officers

§ 26. (1) If this is necessary for the maintenance of one of the obligations and interests of international law referred to in section 4 (2), the Federal Minister for Economic Affairs and Labour shall have persons or companies involved in the production of or trade in Goods or the design or transfer of software or technology or of technical assistance or other processes within the meaning of § 1 Z 14 are or may be responsible for the appointment of one or more responsible representatives to be informed, to or for the whole of the undertaking or to certain Premises or factually defined areas of the company the responsibility for compliance with this federal law, including the regulations issued on its basis, as well as the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a and b. Only natural persons can be appointed to the responsible persons who are responsible for all the conditions in accordance with § 9 para. 4 VStG and which are to be considered as reliable. In the examination of the reliability, § 27 shall be observed.

(2) The appointment of a responsible officer in accordance with paragraph 1 shall be reported to the Federal Minister for Economic Affairs and Labour no later than four weeks after the date of the notification of the date of notification in accordance with Section 1.

(3) A person or company may also appoint one or more persons responsible for responsibility within the meaning of paragraph 1. In this case, the order must be reported to the Federal Minister for Economic Affairs and Labour immediately, but no later than two weeks.

(4) The Federal Minister of Economics and Labour shall bear the dismise of a person appointed with a communication if that person does not comply with all the conditions laid down in paragraph 1 or if circumstances arise subsequently, by means of which at least one these conditions are no longer met.

(5) Insofar as one or more responsible agents have been appointed in accordance with paragraph 1 or 3, applications and notifications may only be signed by these persons.

(6) Insofar as this is necessary in order to safeguard the obligations and interests of international law referred to in § 4 (2), the processing of an application or notification of the appointment of a responsible officer within the meaning of para. 1 where such a person has not already been appointed in accordance with the provisions of para. 1 or 3.

Assessment of reliability

§ 27. (1) A person shall not be considered to be reliable if

1.

has been condemned by a court

a)

because of violation of foreign trade law, weapon law, financial criminal provisions or provisions of the War Material Act or the Shooting And Explosives Act, or

b)

because of a different one than the one in lit. a said criminal offence for a period of imprisonment exceeding three months, or a fine of more than 180 daily rates; or

2.

in one of those in Z 1 lit. a, where a fine of more than EUR 726 or a fine has been imposed for a fine of more than EUR 726 or of a financial penalty, or

3.

in the in Z 1 lit. a more than once was convicted of an administrative surrender or a financial offence to a lesser than that referred to in Z 2.

(2) In order to assess the reliability referred to in paragraph 1 (1) (1) only convictions which are neither satisfied nor the restriction of the information from the criminal record according to § 6 of the Act of Eradication in 1972, Federal Law Gazette (BGBl) may be used. No. 68. The penalties referred to in paragraph 1 (1) (2) and (3) may be used only if less than five years have passed since the punishment.

(3) (1) and (2) shall apply even if, in the case of the exclusion reasons mentioned above, similar facts have been achieved abroad.

Requirements

§ 28. (1) The granting of an authorization pursuant to this Federal Act or on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b shall be subject to conditions where this is necessary to comply with the conditions set out in § 5.

(2) In accordance with the conditions laid down in paragraph 1, it may in particular be required that

1.

an import permit, an import certificate, an end-of-life certificate, a receipt certificate or a comparable document of the country of destination must be submitted, or

2.

a product may only be delivered to persons who have a valid permit to trade in those goods; or

3.

a product has a label defined by national or international regulations; or

4.

The Federal Minister of Economics and Labour is to inform the Federal Minister of Economics and Labour of any intended transfer of the good to another recipient.

(3) The granting of authorisations on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. (c) shall be linked to conditions where this is expressly provided for in the relevant legislation or where such legislation permits it and is necessary to achieve the purpose of the obligation to obtain authorisation.

Other rules on permits and import certificates

§ 29. (1) Permits and import certificates shall be limited in time.

(2) Bewilligations and import certificates are not transferable.

(3) The Federal Minister for Economic Affairs and Labour has granted permits under this Federal Law or under the direct applicable law of the European Community in the form of time-limited global grants for one or more To issue types or categories of goods which are valid for the carriage of goods by one or more specified third countries, if this is not the case.

1.

is in the interest of administrative simplification and cost savings, and

2.

the observance of all relevant conditions of approval is not endangered by this.

General permits

§ 30. (1) The Federal Minister for Economic Affairs and Labour may issue general authorisations for the import, export or transit or conciliation with a Regulation relating to certain countries of destination and to certain categories of goods if this is not the case. is permitted under the direct applicable law of the European Community and there is no reason to fear that the interests referred to in § 5 are at risk.

(2) The Federal Minister for Economic Affairs and Labour has to lay down, by means of a Regulation, the registration and reporting requirements for the use of a general authorisation in accordance with paragraph 1 or of a general authorisation on the basis of direct The applicable law of the European Community within the meaning of § 1 Z 15 lit. a connected.

Revocation, posterior conditions

§ 31. (1) Grants of consent relating to transactions for which a prohibition pursuant to Section 6 (2) or on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b shall enter into force, shall be deemed to be revoked at the end of the day of entry into force of this prohibition, but at the latest at the end of the day from its manifestation, by virtue of law.

(2) In cases other than those referred to in paragraph 1, at least one of the conditions for the granting of an authorization pursuant to this Federal Act or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b or for the issue of an import certificate retrospection no longer exists and extends the advance of certain conditions in accordance with § 28 in order to ensure that all conditions are met again, the Federal Minister has For the economy and work, these conditions must be subsequently required. Otherwise, it shall revoke the authorisation or the certificate of import.

(3) Shields or import certificates affected by a revocation pursuant to paragraph 1 or 2 shall be sent back immediately to the Federal Minister of Economics and Labour.

(4) The Federal Minister for Economic Affairs and Labour shall immediately notify the Federal Minister of Finance of any communication pursuant to paragraph 2, provided that the Federal Minister for Finance is concerned with import, export or import certificates.

Section 9

Monitoring

General control provisions

§ 32. (1) In order to monitor compliance with the provisions of this Federal Law, the directly applicable law of the European Community and the obligations under international law referred to in § 4 (2) (1) (1), the Federal Minister for Economic Affairs and At any time request reports and evidence and set a reasonable time limit for their submission and, where effective control cannot be ensured in any other way, in the case of the parties concerned, also book and stock inspection by appropriate Allow experts to do so. If the party concerned is in breach of prohibitions, disclosure obligations or reporting obligations under this Federal Act or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. (a) or (b), they shall bear the costs of the procedure, including the monitoring.

(2) The Federal Minister for Economic Affairs and Labour may, within the framework of the monitoring activities referred to in paragraph 1, in particular:

1.

enter the facilities and means of transport to be checked,

2.

to obtain the necessary data and information,

3.

to consult the staff of the institution and persons involved in the transport of goods,

4.

take inspection of documents and records and make copies thereof,

5.

Make photographs of the facilities, means of transport and objects to be inspected,

6.

Sampling and analysing samples and

7.

call for the adoption of certain operations, provided that the effort required and the costs incurred by the undertaking are proportionate to the monitoring objective.

(3) If surveillance activities are to be carried out at the premises of a holding or any other facility, the owner of the establishment or the farmer shall be entitled, at least one week prior to the taking of such acts, to the effect that: in order to verify compliance with the provisions of the external trade legislation.

(4) An agreement in accordance with paragraph 3 can only be maintained if there is reason to believe that there may be a violation of the provisions referred to in paragraph 1 above. In this case, the owner of the establishment, the farmer or a representative of such persons shall be notified without delay upon entering the facility or the establishment. If the risk is in default and neither the owner nor the farmer nor a representative of these persons can be reached, then a subsequent communication is sufficient. The communication shall indicate the reasons which led to the adoption of a breach of the law.

(5) In the case of surveillance activities within the meaning of the preceding paragraphs, a disturbance of the business operation and any overseeing as far as possible shall be avoided.

(6) In so far as this is necessary for the enforcement of the provisions referred to in paragraph 1, the persons referred to in paragraph 3 and 4 shall enter into the institutions referred to in paragraph 1 the entry, opening and inspection of the land, buildings, containers and Means of transport. In addition, the persons mentioned shall provide the necessary information, provide necessary documents and, if necessary, provide an insight into the records of the stock of stocks and other records and, if necessary, to provide information on the records and other records. Requests by the Federal Minister for Economic Affairs and Labour within the limits of his powers in accordance with paragraphs 1 and 2 of this Article.

(7) A transcript within the meaning of sections 14 and 15 of the AVG is to be included in each monitoring act in accordance with the provisions of paragraphs 1 to 6.

Special provisions for review in accordance with the CWC

§ 33. (1) In the case of verifications carried out on the orders of the OPCW in accordance with the provisions of the CWC, the OPCW inspectors shall, within the scope of their examination mandate, be granted the powers referred to in § 32, and they shall be in charge of the duties referred to in Article 32 (6) of the CWC. said obligations.

(2) The Federal Minister of Economics and Labour shall have the initiation of verifications by the OPCW in accordance with Art. IX and Annex II CWK immediately to the Federal Minister for Foreign Affairs and to all other members of the Federal Government affected in their sphere of action.

(3) If military interests are concerned, the Federal Minister for National Defense may be affected by security policy interests, the Federal Minister of the Interior shall send one or more representatives to participate in the review.

(4) The Federal Minister for Economic Affairs and Labour has, in the case of verifications according to paragraph 1, for compliance with the provisions of the CWC, in particular parts II, III, VI lit. E, VII lit. B, VIII lit. B and IX lit. B and C of the Verification Annex and of the provisions of the Confidentiality Annex and of the provisions of this Federal Law shall ensure. During the whole period of the review, at least one representative of the Federal Minister of Economy and Labour shall be present.

Supervisory powers of the Federal Minister for Finance

§ 34. (1) At the request of the Federal Minister for Economic Affairs and Labour, the customs authorities are entitled to carry out investigations into circumstances which are or were relevant for compliance with the provisions referred to in Article 32 (1). These investigations are subject to § § 24 and 25 of the Customs Law Implementing Act, BGBl. No 659/1994, provided that the checks and inspections may be carried out even if the person is not covered by Section 23 (1) of the Customs Law Implementing Act.

(2) The result of the investigations pursuant to paragraph 1 may only be used for the purposes of the enforcement of this federal law and for the purposes of a tax procedure or financial criminal proceedings.

Storage of documents

§ 35. (1) Anyone who initiates an operation in connection with a carriage of goods or with technical assistance or any other operation which is subject to a requirement for authorisation or a reporting obligation on the basis of this federal law or on the basis of directly The applicable law of the European Community within the meaning of Article 1 (1) (e) (15). a or b is subject to or for which an import certificate has been issued, shall keep records of that.

(2) Records referred to in paragraph 1 shall include, in particular, commercial documents such as invoices, cargo directories, transport or other transit documents, on the basis of which the following may be established:

1.

the name of the goods, including the necessary technical specifications, or the exact name and form of technical assistance;

2.

the quantity of these goods,

3.

the name and address of all responsible persons or companies;

4.

the contracting party or

5.

the end-use and end-users, where they were known or had to be known.

(3) The parties concerned shall keep the documents referred to in paragraph 1 for the purpose of control in accordance with § § 32 to 34 for a period of at least three years. The time limit for storage shall begin to run at the end of the calendar year in which the operation has been terminated in accordance with paragraph 1.

International cooperation

§ 36. (1) The Federal Minister for Economic Affairs and Labour can

1.

Data relating to proceedings and proceedings on the basis of this Federal Law or on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a and b, with which an authorization is granted, an application for authorization is rejected or a ban is issued; and

2.

data in connection with the suspicion of an operation by which a goods referred to in Article 4 (2) (2) (3) to (5) could reach a recipient who could use it at least to one of the purposes specified in Article 5 (1) (1) (2) to (8);

by the Federal Minister for Foreign Affairs to the institutions and Member States of the European Union, the secretariat of the Wassenaar Arrangements, BGBl. III No 89/1997, as well as to other States, international organisations and other intergovernmental bodies, in so far as this is provided for by international law obligations within the meaning of Article 4 (2) (1) (1) or in order to secure the international disarmament, arms control and the control of technology transfer within the meaning of section 4 (2) (3) to (5) or other mechanisms for controlling arms exports is required. In the case of overviews, the confidential treatment of personal data by the consignee shall not give rise to any doubt.

(2) Before an export authorisation has been granted on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. (a) or on the basis of a regulation in accordance with § 4 (2) in a case where a substantially similar transaction has been refused by one or more other EU Member States for a substantially similar transaction within the last three years , the Federal Minister for Economic Affairs and Labour, if he is aware of this refusal, has to consult the other EU Member State or the other EU Member States concerned by means of the Federal Minister for Foreign Affairs. If the Federal Minister of Economics and Labour nevertheless grants the export authorisation after the conclusion of the consultations, he has to inform the other EU Member States by means of the Federal Minister for Foreign Affairs and his/her Reasons to explain in detail.

(3) The Federal Minister for Economic Affairs and Labour shall keep records of authorisations for switching operations within the meaning of § 1 Z 10 for at least ten years from the date of issue of the authorization.

10. Section:

Criminal provisions

Judicial acts of criminal law

§ 37. (1) Who

1.

Goods without any one pursuant to § 4 (1), on the basis of a regulation pursuant to § 4 (2) or on the basis of directly applicable law of the European Community within the meaning of § 1 Z 15 lit. (a) or (b) the necessary authorization to enter, export or carry out the transfer or transfer to another country; or

2.

Goods without a regulation pursuant to Section 9 (6) or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a required authorization or without the authorisation of another EU Member State in the case of a regulation pursuant to § 9 (6) to another EU Member State or from another EU Member State, or

3.

§ 14 (1) (1) and (2) and (16) shall develop, manufacture, manufacture, acquire, store, retain, retain, retain, directly or indirectly carry out any chemicals, mixtures and finished products covered by the authorization required in accordance with Article 14 (1) or (2); or

4.

shall develop, manufacture, store, acquire or retain the goods referred to in Article 14 (1) (3), without the authorization required in accordance with Article 14 (1) or (2); or

5.

Goods, for their export or transit, an authorization pursuant to this Federal Act or by reason of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. (a) or (b) has been issued, after the customs clearance, to a country of destination other than the country of destination specified in the authorization, provided that the export to that country is due to this federal law or to the right of direct application of the law of the European Community within the meaning of § 1 Z 15 lit. a or b is prohibited or subject to authorisation; or

6.

Technical assistance contrary to a prohibition pursuant to § 10 or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b or without a law of the European Community which is directly applicable pursuant to § 11 or pursuant to § 1 Z 15 lit. a or b shall provide the necessary authorization, or

7.

another process within the meaning of § 1 Z 14 contrary to a prohibition on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. b or without a right of direct application of the European Community within the meaning of § 1 Z 15 lit. b require the necessary authorization; or

8.

in the case of operations subject to authorisation in the sense of Z 1 to 4, 6 or 7

a)

in accordance with § 28 or § 31 (2) or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b shall be contrary to the requirement laid down in

b)

leave or take over a declaration of consent for use by a non-authorised person, whether free of charge or free of charge, or

c)

in the case of incorrect or incomplete information, an authorization may be made difficult or the establishment of a condition pursuant to § 28, in accordance with § 31 (2) or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b, or the revocation of the authorization pursuant to § 31 (2) or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b shall be held or

9.

a prohibition pursuant to section 6 (1), pursuant to a regulation pursuant to § 6 (2) or a prohibition on the entry, export or transit of goods under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b shall be contrary or

10.

in accordance with § 7 (3) (2) (2) or a condition laid down in accordance with Article 7 (3) (3) (1) of the German Law on the Contrary to

11.

the release of a notice of failure pursuant to Section 7 (3) Z 2 or the establishment of an obligation pursuant to Section 7 (3) (1) by incorrect or incomplete information, or

12.

in accordance with § 9 (4) or under a condition laid down in accordance with § 9 (4), or

13.

the release of a declaration of failure or the establishment of a requirement pursuant to section 9 (4) by omission of the notification prescribed in § 9 (1) or by inaccurate or incomplete information, or

14.

develop, manufacture, acquire, retain, retain or use chemicals listed in List 1 of the Annex to this Federal Law, contrary to the prohibition laid down in Section 13 (1) of the Annex to this Federal Law, or

15.

shall develop, manufacture, store, acquire or retain the goods referred to in paragraph 13 (2) of this Regulation, or

16.

in accordance with § 15 (4) or under a condition laid down in accordance with § 15 (4), or

17.

the release of a declaration of failure or the establishment of an obligation pursuant to section 15 (4) by omission of the notification prescribed in § 15 (1) or by inaccurate or incomplete information, or

18.

to circumvent a permit or a prohibition on the basis of this Federal Act or on the basis of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. (a) or (b) first to transfer goods to another EU Member State or to export them to a third country in order to subsequently transfer them to another third country or to have them spent, for which a requirement to grant or a ban on The reason for this federal law or by reason of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b

is to be punished by the court with imprisonment of up to two years or with a fine of up to 360 days ' estits.

(2) Those who negligently commit one of the acts referred to in paragraphs 1, Z 1, 2, 3, 4, 6, 7, 8 lit. a, 9, 10, 12, 14, 15 or 16 shall be punished with imprisonment of up to one year or a fine of up to 180 daily rates.

(3) Anyone who makes a contribution to the production, distribution, testing or maintenance of NBC weapons as well as NBC-weapon-capable carrier systems by one of the acts threatened with punishment in paragraph 1 shall be punishable by imprisonment from six months to five years. years to punish.

(4) Those who negligently contribute to the production, distribution, testing or maintenance of NBC weapons as well as ABC-weapon-capable carrier systems by one of the acts referred to in paragraphs 1, Z 1, 2, 3, 4, 6, 7, 8 lit. a, 9, 10, 12, 14, 15 or 16 shall be punishable by a custodial sentence of up to two years or with a fine of up to 360 days ' essays.

(5) The perpetrator shall not be punished in accordance with paragraphs 1 and 3, if the act is threatened after another provision with more stringent punishment.

(6) The Court of Justice is responsible for the criminal proceedings relating to the offences referred to in paragraphs 1 to 4 of this Article.

(7) The Austrian criminal laws apply in the cases of paragraph 1 Z 3, 4, 5, 6, 7, 8 lit. a, 14 and 18 irrespective of the criminal laws of the crime scene also for acts committed abroad, if the perpetrator was in fact Austrian or his Domicical domiority, or the deed was committed in favour of a legal person or a community of persons without legal personality and having its registered office in Austria.

Provisional freezing

§ 38. (1) For the purposes of the protection of evidence, the customs authorities are entitled, in the event of danger in default, to ensure provisionally items to which an act which is punishable in accordance with Section 37 of this Act applies. The customs authorities shall report without delay to the competent public prosecutor's office. If it declares that the conditions of a seizure pursuant to § § 98 (2) and (143) (1) of the StPO are not available, the guarantee shall be repealed immediately. In addition, the provisional guarantee shall not apply if six months have passed since the date of its release or if the court has decided on a request for seizure by a final decision.

Administrative administrative procedures to be punished

§ 39. (1) Who intentionally

1.

Goods without the right of direct application of the European Community within the meaning of § 1 Z 15 lit. (c) the necessary authorization to enter, remove or carry out the authorization; or

2.

in the case of permits subject to authorisation in accordance with Z 1

a)

leave or take over a declaration of consent for use by a non-authorised person, whether free of charge or free of charge, or

b)

in the case of incorrect or incomplete information, an authorization or certificate required in accordance with directly applicable law of the European Community is aggravated or withheld the release of an edition, or

c)

is contrary to a requirement in a notification of consent, or

3.

by incorrect or incomplete information a notice of determination in accordance with § 21 on the failure to insist on a requirement for authorisation in accordance with Z 1 to be made difficult or

4.

against a law of the European Community which is directly applicable in the sense of Article 1 (1) (1) (15) (lit). c shall be in breach of the notification obligation or

5.

a law of the European Community which is directly applicable in the sense of § 1 Z 15 lit. c) shall be contrary to the obligation to submit a non-preferential proof of origin,

is a financial offender and is punishable by the financial punishment authority with a fine of up to EUR 20 000.

(2) Anyone who negligently deals with one of the offences referred to in paragraph 1 Z 1, 2 lit. c, 4 or 5 shall commit a financial offence and shall be punished by the financial punishment authority with a fine of up to 10 000 euros.

(3) The perpetrator shall not be punished in accordance with paragraphs 1 and 2 if the crime constitutes the offence of a criminal offence falling within the jurisdiction of the courts or is otherwise threatened with a more stringent sentence after another provision.

(4) In addition to the penalty referred to in paragraph 1 above, in accordance with Section 17 of the German Finance Code, BGBl. No 129/1958, except where the goods referred to in paragraph 1 are subject to decay, together with the containment.

Simplified order

§ 40. If a person has committed financial offences in accordance with § 39 and minor financial offences within the meaning of Section 146 of the Financial Criminal Law, with the consent of the accused person, all financial offences with a simplified order for criminal proceedings in accordance with § 146 may be committed. of the Financial Criminal Law. The maximum amount of the fine provided for in Section 146 (1) of the Financial Criminal Law can be exceeded by half.

Administrative penalty provisions

§ 41. (1) Who intentionally

1.

a notification requirement pursuant to § 9 (1) or § 15 (1), pursuant to a regulation pursuant to § 8 or § 30 (2) or under the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b shall be contrary or

2.

By incorrect or incomplete information a notice of determination in accordance with § 21

a)

on the non-existence of a requirement for authorisation pursuant to § 4 (1), § 11 (1) or § 14 (1) or (2), pursuant to a regulation pursuant to § 4 (2) or § 9 (6) or (6) or

b)

the non-existence or a prohibition in accordance with § 6 para. 1, § 10 or § 13 or pursuant to a regulation pursuant to § 6 para. 2 or

c)

on the non-existence of a prohibition or obligation to comply with the direct applicable law of the European Community within the meaning of § 1 Z 15 lit. a or b difficult or

3.

in respect of an import certificate in accordance with § 19

a)

the exhibition is easily or incompletely disclosures, or

b)

in the event of incorrect or incomplete information, the pre-writing of a requirement pursuant to section 19 (2) or in accordance with § 31 (2) or a revocation pursuant to section 31 (2) is maintained or

c)

the import certificate shall continue to be used against a revocation in accordance with section 31 (2), or

d)

the import certificate for use by a non-authorised person shall leave or take over, whether free of charge or free of charge,

shall be subject to an administrative surrender and shall be punished with a custodial sentence of up to six weeks or with a fine of up to EUR 40 000.

(2) Who

1.

the negligent conduct of one of the offences referred to in paragraph 1 (1) (1) is negligent; or

2.

Intentionally, contrary to a pre-enrollment pursuant to § 26 paragraph 1, no responsible officer is appointed or

3.

Contrary to one of the obligations referred to in Article 32 (6), or

4.

Intentionally violates the recording obligation in accordance with § 35 para. 1 or the obligation to retain in accordance with § 35 para. 3, or

5.

Intentionally by incorrect or incomplete information a notice of determination according to § 21 of the non-existence of a reporting obligation pursuant to § 9 para. 1 or § 15 para. 1, based on a regulation pursuant to § 8 or on the basis of directly applicable Right of the European Community within the meaning of § 1 Z 15 lit. a or b scarcly,

shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 25 000.

(3) In the cases referred to in paragraph 1 and in the second paragraph of the second paragraph of the second paragraph, the attempt shall also be punishable.

(4) In the cases referred to in paragraphs 1 to 3 above, the district administrative authority, in the local area of action of a federal police authority, is responsible for the implementation of administrative criminal proceedings in the first instance.

(5) An administrative surrender in accordance with paragraphs 1 to 3 does not exist if the act constitutes the offence of a criminal offence which falls within the jurisdiction of the courts.

Waste disposal

§ 42. (1) Where chemicals listed in the Annex to this Federal Act form the subject of an administrative surrender in accordance with Section 41 (1) to (3), these chemicals shall be declared forfeit.

(2) The costs of a criminal proceedings shall also be the cost of any necessary disposal of the chemicals declared to be expired in accordance with paragraph 1 above.

11. Section:

Final provisions

Customs treatment of sheids

§ 43. (1) On the basis of the directly applicable law of the European Community and on the basis of this Federal Act, required permits with regard to the import, export and transit as well as for the purposes of Section 7 (3) Z 1 form documents in the sense of by Article 62 (2) of the Community Customs Code. The customs authorities shall have the power to require, even after the goods have been transferred to a customs procedure or when the customs debt is incurred, without the declaration being lodged, that they are presented with permits and other documents for inspection.

(2) Measures under this Federal Act or under the direct applicable law of the European Community for the restriction of import, export or transit shall be considered to be commercial measures within the meaning of Article 1 of the Customs Code-Implementing Regulation, Regulation (EC) No 2454/93, OJ L 139, 30.4.1993, p. No. OJ L 253, 11.10.1993, p. 1.

Relationship to other federal laws

§ 44. (1) The provisions of the Radiation Protection Act, BGBl. No. 227/1969, remain unaffected by this federal law.

(2) An authorisation under this Federal Act is not required for operations which:

1.

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

2.

The Troop Residence Act, BGBl. I No 57/2001, or

3.

In the context of posting on the basis of the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals to Abroad-KSE-BVG, BGBl. I n ° 38/1997, or

4.

for the performance of the tasks of the military national defense on the basis of Art. 79 B-VG, BGBl. No 1/1930, or

5.

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

The Federal Minister of the Interior has to submit to the Federal Minister for Economic Affairs and Labour a copy of all the charges in accordance with the War Material Act immediately after the date of their release.

(3) Where reference is made in this Federal Act to provisions in other federal laws or in directly applicable law of the European Community, these are to be applied in their respectively applicable version.

(4) Where reference is made in federal legislation to provisions which are replaced by this Federal Act, the provisions of this Federal Act shall be replaced by the provisions of this Federal Act.

Linguistic equality

§ 45. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

In-force pedals and transitional provisions

§ 46. (1) This federal law shall enter into force 1. October 2005, in force.

(2) With the entry into force of this federal law, the Foreign Trade Act 1995, BGBl. No. 172, as last amended by the Federal Law BGBl. I n ° 136/2001, and the Chemical Weapons Convention Implementing Act, BGBl. I n ° 24/1997, in the version of the Federal Law BGBl. I No 136/2001, unless the following paragraphs determine otherwise.

(3) The monitoring provisions in accordance with § § 32 to 34 as well as § 36 (1) are also applicable to operations which are subject to a prohibition, a requirement for a permit or a reporting obligation under the Foreign Trade Act 1995 or the Chemical weapons convention implementing law.

(4) The administrative penalty provisions in accordance with § 39 (1) (1) to (4) and section 39 (2) insofar as it relates to the negligent commission of the acts referred to in § 39 (1) (1) to (4), as well as § 39 (3) and (4) and § 40, are also applicable to criminal acts. , which were committed before the entry into force of this Federal Law.

(5) § 19 External HG 1995 and § 11 CWKG are also applicable to punishable acts committed before the entry into force of this Federal Law, insofar as these are not criminal acts within the meaning of paragraph 4.

(6) The Regulation of the Federal Minister for Economic Affairs on the Implementation of the External Trade Act 1995 (External Trade Regulation-OHV), BGBl. II No 187/1997, as last amended by the BGBl Regulation. II No. 394/2004, remains in force until the date of entry into force of the Regulation on the basis of Section 4 (2) of this Federal Act as federal law.

(7) Regulations on the basis of this Federal Act may be adopted as from the day following that in which they are held. However, they may not be less than 1. It will be put into effect in October 2005.

Enforcement clause

§ 47. (1) The Federal Minister of Economics and Labour is responsible for the enforcement of this Federal Act and the enforcement of the directly applicable law of the European Community, provided that the following paragraphs do not determine otherwise.

(2) The following provisions shall be charged with the enforcement of the following provisions:

1.

as regards Section 4 (2), § 6 (2) and § 9 (6) of the Federal Minister for Economic Affairs and Labour, in accordance with Section 23 (2) in agreement with the Federal Minister of Finance and in accordance with Section 23 (3) in agreement with the Federal Minister for foreign affairs;

2.

as regards Section 20 of the Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister of Finance, in accordance with section 23 (2);

3.

with regard to § § 34 (1), 39, 40 and 43 of the Federal Minister of Finance;

4.

as regards Section 17 (1) (7) of the Federal Minister for Economic Affairs and Labour, in accordance with Section 17 (4), in agreement with the Federal Minister for Foreign Affairs;

5.

as regards Section 18 of the Federal Minister for Foreign Affairs, in agreement with the Federal Minister for Economic Affairs and Labour;

6.

with regard to § § 22, 37 and 38 of the Federal Minister of Justice,

7.

as regards Section 33 (3) of the Federal Minister of the Interior and the Federal Minister for National Defence, within the scope of their respective areas of action;

8.

as regards Section 7 (2), Section 24 and Section 34 (2) of the relevant Federal Minister of Economics within the scope of his/her scope of action.

(3) With the enforcement of the directly applicable law of the European Community within the meaning of § 1 Z 15 lit. c is the Federal Minister for Agriculture, Forestry, Environment and Water Management, provided that these are measures, the market order goods within the meaning of § 95 of the Market Rules Act, BGBl. No 210/1985.

Annex

CHEMICAL LISTS

The following lists are used to identify toxic chemicals and precursors and to use the CWK chemicals. For the purpose of the implementation of this Convention, the lists shall indicate the chemicals to which the verification measures provided for in the CCWC verification annex are to be applied.

(Any indication of groups of dialkylated chemicals, followed by a list of alkyl groups in brackets, means that all the compounds resulting from all possible combinations of the alkyl groups mentioned in brackets shall be considered to be in the if they are not expressly excluded.)

Registration number after

Chemical Abstracts Service

(CAS number)

List 1

A. Toxic chemicals:

1.

O-alkyl (C 10 , including cycloalkyl)-alkyl-(Me, Et, n-Pr or
i-Pr) phosphonofluoride

ZB Sarin: O-isopropylmethylphosphonofluoride

(107-44-8)

Soman: O-pinacolylmethylphosphonofluoride

(96-64-0)

2.

O-alkyl (C 10 including cycloalkyl) -N, N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidocyanides

ZB Tabun: O-ethyl-N, N-dimethylphosphoramidocyanide

(77-81-6)

3.

O-alkyl (H or C10 including cycloalkyl)-S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethylalkyl (Me, Et, n-Pr or i-Pr)-phosphonothiolates as well as corresponding alkylated and protonated salts

ZB VX: O-ethyl-S-2-diisopropylaminoethylmethyl-phosphonothiolate

(50782-69-9)

4.

Sulphur Lost:

2-chloroethyl chloromethyl sulphide

(2625-76-5)

Mustard gas: bis-(2-chloroethyl)-sulphide

(505-60-2)

Bis-(2-chloroethylthio) methane

(63869-13-6)

Sesqui-Yperite (Q): 1,2-bis-(2-chloroethylthio) ethane

(3563-36-8)

Up to-1,3-(2-chloroethylthio)-n-propane

(63905-10-2)

Bis-1,4-(2-chloroethylthio)-n-butane

(142868-93-7)

Up to-1,5-(2-chloroethylthio)-n-pentane

(142868-94-8)

Bis-(2-chloroethylthiomethyl) ether

(63918-90-1)

O-Lost: Bis-(2-chloroethylthioethyl)-ether

(63918-89-8)

5.

Lewisite:

Lewisite 1: 2-Chlorvinyldichlorarsine

(541-25-3)

Lewisit 2: Bis-(2-chlorovinyl)-chlorarsine

(40334-69-8)

Lewisit 3: Tris-(2-chlorovinyl)-arsine

(40334-70-1)

6.

Nitrogen Lost:

HN1: bis-(2-chloroethyl)-ethylamine

(538-07-8)

HN2: bis-(2-chloroethyl)-methylamine

(51-75-2)

HN3: tris-(2-chloroethyl)-amine

(555-77-1)

7.

Saxitoxin

(35523-89-8)

8.

Ricin

(9009-86-3)

B. Starting materials:

9.

Alkyl (Me, Et, n-Pr or i-Pr)-phosphonic acid difluorides

ZB DF: methylphosphonodifluoride

(676-99-3)

10.

O-alkyl (H or C10 including cycloalkyl) -O-2-dialkyl (Me, Et, n-Pr or i-Pr) -aminoethylalkyl (Me, Et, n-Pr or i-Pr)-phosphonites and corresponding alkylated and protonated salts

ZB QL: O-ethyl-O-2-diisopropylaminoethyl-methylphosphonite

(57856-11-8)

11.

Chloro-Sarin: O-isopropyl-methylphosphono chloride

(1445-76-7)

12.

Chloro-Soman: O-pinacolyl methylphosphonochloride

(7040-57-5)

List 2

A. Toxic chemicals:

1.

Amiton: 0,0-Diethyl-S-[2-(diethylamino)-ethyl]-phosphorthiolate and corresponding alkylated and protonated salts

(78-53-5)

2.

PFIB: 1,1,3,3,3-pentafluoro-2-(trifluoromethyl) -1-propene

(382-21-8)

3.

BZ: 3-Chinuclidinylbenzilate

(6581-06-2)

B. Starting materials:

4.

Chemicals, other than those mentioned in List 1, which contain a phosphorus atom to which one and only one unsubstituted methyl, ethyl or propyl (normal or iso) group is bound, but no other carbon atoms

Methylphosphonic acid dichloride

(676-97-1)

Dimethyl methylphosphonate

(765-79-6)

Exception: Fonofos: O-ethyl-S-phenyl-ethyldithiophosphonate

(944-22-9)

5.

N, N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramide dihalides

6.

Dialkyl (Me, Et, n-Pr or i-Pr) -N, N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidate

7.

Arentrichlorid

(7784-34-1)

8.2,2-diphenyl-2-hydroxyacetic acid

(76-93-7)

9.

Chinuclidin-3-ol

(1619-34-7)

10.

N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-aminoethane-2-chlorides and corresponding protonated salts

11.

N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-aminoethan-2-ol and corresponding protonated salts

Exceptions: N, N-dimethylaminoethanol and corresponding protonated salts

(108-01-0)

N, N-diethylaminoethanol and corresponding protonated salts

(100-37-8)

12.

N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-aminoethane-2-thiol and corresponding protonated salts

13.

Thiodiglycol: bis-(2-hydroxyethyl) sulphide

(111-48-8)

14.

Pinacolyl alcohol: 3,3-dimethylbutan-2-ol

(464-07-3)

List 3

A. Toxic chemicals:

1.

Phosgene: Carbonyl dichloride

(75-44-5)

2.

Chlorcyan

(506-77-4)

3.

Hydrogen cyanide

(74-90-8)

4.

Chloronpikrin: trichloronitromethane

(76-06-2)

B. Starting materials:

5.

Phosphorus oxide chloride

(10025-87-3)

6.

Phosphorus trichloride

(7719-12-2)

7.

Phosphorus pentachloride

(10026-13-8)

8.

Trimethylphosphite

(121-45-9)

9.

Triethyl phosphite

(122-52-1)

10.

Dimethyl phosphite

(868-85-9)

11.

Diethyl phosphite

(762-04-9)

12.

Sulphur monochloride

(10025-67-9)

13.

Sulphur dichloride

(10545-99-0)

14.

Thionyl chloride

(7719-09-7)

15.

Ethyldiethanolamine

(139-87-7)

16.

Methyldiethanolamine

(105-59-9)

17.

Triethanolamine

(102-71-6)

Article II

Amendment of the War Material Act

The War Material Act, BGBl. No 540/1977, as last amended by the Federal Law BGBl. I No 125/2001 and BGBl. I n ° 114/2002, shall be amended as follows:

1. § 1 (4) reads:

" (4) The conciliation procedure is an operation in which an Austrian citizen resident in the country or a legal person, a civil society of the commercial law or a registered working party with a registered office in Germany or another person, the civil society of the commercial law or registered labour force operating from the national territory,

a)

negotiations on a legal transaction relating to the transfer of war material from a third country to another third country, or

b)

Causes such a legal transaction to come into force, or

c)

buys or sells war material if it is caused to move from a third country to another third country; or

d)

Causes war material in their property to be transferred from a third country to another third country. "

2. In § 3 (4), after the word "Obligations" the word "in particular" inserted.

The following sentence shall be added to Article 3 (5):

"The same may also be required in other permits pursuant to § 1."

4. § 3a (1), (3) and (4) are as follows:

" (1) In the first six months of each year, the Federal Government has provided the National Security Council with an overview of the overviews referred to in paragraph 3 for the previous year or provided for transmission, and of the overviews referred to in paragraphs 4 and 5 of this Article. shall be notified. "

" (3) The Federal Minister of the Interior may, by way of the Federal Minister for Foreign Affairs, collect data from proceedings and on charges on the basis of this Federal Act to the institutions and Member States of the European Union, the Secretariat of the Disclose Wassenaar Arrangements as well as to other States, international organizations and other intergovernmental bodies, in so far as this is due to international legal obligations or foreign policy interests in connection with the International efforts to control war material transfers is. In the case of overviews, the confidential treatment of personal data by the consignee shall not give rise to any doubt.

(4) In any case, the Federal Minister of the Interior, by way of the Federal Minister for Foreign Affairs, may refuse to grant the institutions and the other Member States of the European Union any refusal to grant an authorization for export, brokning or transit. of war material, indicating at least the following data:

1.

a brief description of the subject-matter concerned, including the necessary technical specifications,

2.

the quantity and value of the objects,

3.

Country of destination,

4.

the intended recipient,

5.

Intended end-user, if the end user does not agree with the intended recipient,

6.

Justification for refusal and

7.

Time of rejection. "

(5) In § 10, the following paragraph (2b) is inserted:

" (2b) § § 1 (4), 3 (4) and 5, 3a (1), (3) and (4) in the version of Article II of the Federal Law BGBl. I n ° 50/2005 will be 1. October 2005, in force. "

Fischer

Bowl