594/2004 Sb.
LAW
from day 4. November 2004,
implementing the scheme of the European communities for the control of exports,
transportation, brokering and transit of dual-use items
Change: 343/2010 Sb.
Change: 281/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the following a directly applicable regulation
^ 1) of the European Communities (hereinafter ' the Council regulation ')
and) control of exports of dual-use items, including software and technology
(hereinafter referred to as "dual use goods"), the provision of intermediary
^ 40) services related to dual-use goods and transit ^ 41) when
compliance with international regimes, international treaties and agreements, to
the performance of the Czech Republic has committed itself, as well as certain rights and
the obligations of the providers of ^ 42), exporters of dual use goods and
other people that are involved in export,
(b) the rights and obligations of the parties) carrying dual use goods from the territory of
The United States on the territory of another Member State of the European Union.
(2) this Act regulates the
and) control of the provision of technical assistance related to certain
military end-use applications ^ 43),
(b) the rights and obligations of the parties), importing dual use goods to
Of the Czech Republic.
(3) this Act does not affect the rights and obligations of persons exercising
the activities referred to in paragraphs 1 and 2, resulting from specific legal
legislation. ^ 2)
§ 2
(1) the Ministry of trade and industry (hereinafter referred to as "the Ministry") performs
measures which are Community legislation governing
the area of export control, transport, brokering and transit of goods
dual use ^ 1) entrusted to a Member State of the European Union.
(2) the Ministry of
and authorisation for export) of dual-use and transport
within the European Communities (hereinafter referred to as "the community") from the territory of the United
Republic,
(b)) tells you if the export of dual-use will be required
the authorization,
c) tells you if to provide intermediary services related
dual-use goods will be required,
d) grants permission to provide intermediary services
related to dual-use goods (hereinafter referred to as "the authorisation to
the provision of intermediary services "),
e) decide on the prohibition of the transit
f) cooperates with the competent authorities of the United Kingdom,
g) cooperates with the competent authorities of the community and the Member States
The European Union,
h) cooperates with the international institutions and the authorities of other States
responsible for the implementation of export control, transport, brokerage and
the transit of dual use goods,
I) is authorised to provide information within the scope of this Act, the authorities of the
referred to in subparagraphs (a) (f)) to (h)), and the authorities referred to in section 20,
j) provides and facilitates the information specified by the persons referred to in paragraph 1 of the
paragraph. 1 and 2.
(3) this is without prejudice to the competence of other State authorities in the field of
export control of dual use goods under special laws
legislation. ^ 2)
PART TWO
ENABLE
§ 3
(1) a permit to export dual use goods is required if
and) is a dual use goods listed in annex I to the Council regulation, ^ 5)
(b)) is provided for in the Council regulation ^ 6)
(c)), the Ministry shall decide in accordance with the Council regulation; ^ 7)
the Ministry also determined for the relevant export permit form (§ 7 para.
1),
d) is so for reasons of public security or for the protection of human rights
established by regulation of the Government, or
(e)), the technical assistance pursuant to § 12. ^ 10)
(2) permission is required even for the transport of dual-
the use within the community from the territory of the Czech Republic, in accordance with the
Council regulation.
(3) authorization to provide brokering services are required
If
and) is provided for in the Council Regulation ^ 44),
(b) the provider shall notify the Ministry) that
1. dual-use goods not listed in annex I to Council regulation is or would
may be intended, in whole or part for use according to the article. 4 (4). 1
a Council regulation
2. dual use goods are or may be intended, in whole or
part for a military end use in the countries listed in the article. 4 (4). 2
Council regulation.
(4) if the exporter or broker suspected or if
due to the circumstances should have reasons to suspect that the dual-
use not listed in annex I to the Council regulation, which he intends to export
or to which it intends to provide brokerage services, is
whole or in part, for any of the uses referred to in article 3(1). 4 (4). 1
Regulation of the Council or for military end-use in countries referred to in
article. 4 (4). 2 Council regulation, is obliged to inform about this fact
the Ministry communicated, whether for export or to provide
intermediary services will be required.
§ 4
General export authorisations
General export authorisations are
and the Community general export authorisation),
(b) General export authorisation) of the Czech Republic.
§ 5
General export authorisation referred to in paragraph 4 (b). (b)) can be used for export
certain dual-use in specified countries, if so determined by the
the implementing legislation.
§ 6
(1) General export permits can only be used in accordance with the terms of
listed in them.
(2) the exporter that it intends to export dual use goods on the basis of
one of the General export authorisations referred to in paragraph 4, shall be obliged to
before the first use of such an authorization in writing to register with
the State Department, including an indication of the General export permit number.
(3) to provide proof of registration of the exporter, the original or a certified copy of
extract from the commercial register not older than 90 days (for natural persons only
If it is registered in the commercial register), original or officially
a certified copy of a document establishing permissions for business activities
related to the export of dual use goods, has been issued.
(4) the Ministry shall endorse the registration within 10 days from the date of delivery of the
written notice.
(5) any changes to the information in the register is the exporter shall, within 15 days
communicate to the Ministry.
(6) the exporter shall request the Ministry about cancellation of registration, if, after a period of
1 year export them dual use goods on the basis of the relevant
a general export permit, whose use of the register.
(7) the exporter shall submit at any time, upon request to the Ministry of information on exports
carried out on the basis of general export authorisations.
§ 7
Individual export permits, export permits and authorization summary to
the provision of brokerage services
(1) for exports of dual use goods, not covered by the General
export permits, the Ministry grants an individual export permit
or summary an export permit. An individual export permit or
Summary an export authorisation shall be drawn up in two copies in writing,
While part of the copy for the purposes of customs control is the depreciation worksheet.
A record of the delivery made in depreciation worksheet confirms Customs Office
unless this Act provides otherwise.
(2) the individual export permit allows you to export dual use goods
set out therein to one country of destination at the same time or in split consignments
on the basis of a contractual arrangement between the exporter and the foreign
partner.
(3) Summary export permit allows a specific exporter to export goods
the dual use of the same character to one or more specified countries.
(4) Implementing law provides an application form for individual
export permits, aggregate export permits and authorisations for the provision
brokerage services.
PART THREE
THE AUTHORISATION PROCEDURE FOR
§ 8
Application for authorisation
(1) an application for an individual export permit or export summary
permit or authorization to provide brokering services serves
the exporter or broker to the Ministry on the prescribed form.
(2) the request shall be accompanied by
and) the original or a certified copy of the extract from the commercial register
not older than 90 days (in the case of a natural person only if it is registered in the commercial
Register), where appropriate, the original or a certified copy of the licence
trade licence or similar document establishing permissions
to business activities related to the export of dual use goods,
If issued,
(b) the import certificate of the competent authority) of the State of import or
Declaration of foreign end user, that dual use goods
will not be used for the purposes described in section 3 (2). 4 with information about
the specific purpose of its use, which must correspond to the information in the request, and with the
Declaration that it will not, without the consent of the country of the exporter subsequently exported;
These documents need not be presented in cases in which it was issued
the authorization of the State Office for nuclear safety on the basis of guarantees
the State to which the goods are exported,
(c)) by enabling the competent national authority, if it is for the export of goods
dual-use referred to in § 3 (1). 1 (b). a) or b) required
special legislation, ^ 19) at the request of the Ministry of the other
the documents and information that allow a proper assessment of the case.
(3) the request for authorisation referred to in paragraph 1 shall also be accompanied by a proposal for
conclusion of the contract or the contract between the exporter and its
the foreign partner, or by the intermediary and its foreign
partners, with the exact specifications of dual use goods, including putting
its quantity.
(4) an exporter who applies for the issue of the General export permit must
demonstrate that it is able to comply with the export control regime, in particular
Verify the final use of the individual shipments of dual-use
under general export permit granted.
(5) in the event that the aggregate export authorization shall be granted by reason of the
failure to comply with the conditions referred to in paragraph 4, the exporter is entitled to submit a request for
an individual export permit.
§ 9
Decision on the application
(1) on application under section 8, the Ministry shall decide in accordance with the
Council regulation.
(2) the Ministry of the individual export permit or export summary
the authorisation shall be, if
the exporter has not fulfilled conditions) and obligations under section 8 (2). 1 to 4 and
a Council regulation
(b)) in the period of 3 years preceding the application, or after submission
give the decision that the exporter has committed administrative
offense under § 17 para. 1 (b). a) to (f)) or according to § 18 para. 1 (b).
a) to (f)),
(c)) in a period of 2 years prior to the application of the decision of the acquired
the fact that the exporter has repeatedly committed administrative offense under § 17
paragraph. 1 (b). g) to (i)) or according to § 18 para. 1 (b). g) to (i)),
(d)) is justified by the foreign policy or security interests
The United States, and it is substantiated by the relevant Government Ministry
authorities,
e) end user or end use indicated in the request does not guarantee
that dual use goods will not be used in conjunction with weapons
of mass destruction, missile systems capable of carrying such weapons, or
for a military end use, or
(f)) are not fulfilled conditions laid down specific legal
^ 22) provision.
(3) the Ministry authorization to provide brokering services
not be granted if the
and fulfil its obligations in accordance with provider) § 8 para. 1 to 3 and
a Council regulation
(b)) in the period of 3 years preceding the application, or after submission
give the decision that the provider has committed
the administrative offense under § 17 para. 1 (b). a) to (f)) or under section 18
paragraph. 1 (b). a) to (f)),
(c)) in a period of 2 years prior to the application of the decision of the acquired
the fact that the provider is repeatedly committed administrative offense under
§ 17 para. 1 (b). g) to (i)) or according to § 18 para. 1 (b). g) to (i)),
(d)) is justified by the foreign policy or security interests
The United States, and it is substantiated by the relevant Government Ministry
authorities, or
e) end user or end use indicated in the request does not guarantee
that dual use goods will not be used in conjunction with weapons
of mass destruction, missile systems capable of carrying such weapons, or
for a military end use.
§ 10
(1) the Ministry granted an individual export permit or summary
export permit or authorization to provide brokering
services cancelled if
and) was granted on the basis of false or incomplete information, or
(b)) are not complied with the conditions laid down in the authorisation granted.
(2) the Ministry granted an individual export permit or summary
export permit or authorization to provide brokering
services be suspended for as long as necessary to eliminate suspicion that
There is one of the reasons for his refusal, cancellation, amendment or
the appeal. If it is not found to be the reason for issuing the decision to cancel,
change or withdrawal of the authorization, suspension will be terminated.
(3) the Ministry granted an individual export permit or summary
export permit or authorization to provide brokering
amend or withdraw services if there is a change of circumstances in which
It was granted. When making a decision shall take into account the reasons set out in § 9 para. 2
(a). (d)), and (e)) and in § 9 para. 3 (b). (d)), and (e)).
(4) an individual export permit or Granted Summary export
You cannot cancel the authorization, modify or revoke, if dual-
the use of the customs authority was fully placed under the customs procedure of export
or being assigned a customs-approved treatment of re-exportation or was
already made intangible transfer of software, technology or technical
help out the community.
(5) against the decision of the Ministry about the grant, refusal, revocation,
suspension, modification or revocation of an individual export permit or
the General export permit or a permit to provide
intermediary service cannot be made. The decision shall
excludes from the decision of the Court. ^ 24)
PART FOUR
OTHER PROCEDURES
§ 11
Obligations of the data exporter and provider
(1) the exporter shall indicate in the customs declaration number granted by the permit.
(2) the exporter after their return to the Ministry of supply a printout of a granted
authorization with the depreciation worksheet completed by the Customs Office. Is required to so
do not later than 15 days after its expiry or final
exports, if it is not in the terms of this authorisation provides otherwise.
If the exporter does not make use of the authorisation, shall without delay notify the
the fact the Ministry stating the specific reason, and both of his
copies of the returns.
(3) in cases where export is not subject to customs control, fills the depreciation
sheet of the exporter.
(4) records, business documents and records concerning the export or supplied by
intermediary services shall be kept for at least 5 years from the
end of the calendar year in which the export took place or were
provided brokerage services.
(5) the exporter is also required to
and the final statement) to ensure that the use of dual use goods, if
When submitting an application for the issue of permits required [section 8, paragraph 2, point (a).
(b))],
(b) submit, at the request of the Ministry) after their export proof of verification
shipment issued by the competent authority of the importing country, confirming the adoption of the
dual use goods allowed in the country of destination,
(c)) provide the necessary synergies in the implementation of control activities
pursuant to section 16.
§ 12
Provision of technical assistance
(1) The provision of technical assistance, requires the individual export
the authorization.
(2) technical assistance ^ 10) for the purposes of this Act, means any
technical support related to repairs, development, manufacture, Assembly,
testing, maintenance or any other technical service, and may take the form of
instruction, training, transmission of working knowledge or skills or
the consultations. Technical assistance includes verbal forms of assistance.
(3) technical assistance Provider ("provider") may be
a natural or legal person providing technical assistance under
of paragraph 1. For the purposes of this Act, the provision of technical assistance
deemed exports.
(4) an individual export permit is required for the provision of technical
help is provided by the outside Community territory, is associated with
movement of persons and is intended, or the service provider is aware that it is
intended
and) for use in connection with the development, production, management, operation,
maintenance, storage, detection, identification or dissemination of
chemical, biological or nuclear weapons or other nuclear
explosive devices or the development, production, maintenance or storage of
missile systems capable of carrying such weapons, or
(b)) to the country of destination is subject to an arms embargo rozhodnutému
by a common position or joint action of the Council or a decision of the organisation
for security and cooperation in Europe, or an arms embargo imposed
a binding resolution of the Security Council of the United Nations.
(5) the individual export permit for the provision of technical assistance
is not subject to customs control. The provider shall inform the Ministry of
their exports. Is obliged to submit to the Ministry upon request at any time
or under this Act to the supervisory authorities the information necessary to
the assessment of compliance with the conditions laid down in the granted individual
the export licence.
(6) an individual export permit is not required, if the technical
aid is granted
and) the country of destination as referred to in part 3 of annex II to Council regulation,
(b)) in the form of publicly available information, or as part of the basic
scientific research, as these terms are defined in the international
modes, organizations or agreements, ^ 10)
c) oral form and does not apply to dual-use items controlled
one or more of the international regimes, ^ 1) organizations or agreements.
section 13 of the
The transport of dual use goods within the community
(1) Implementing legislation may provide for dual use goods other
than those specified in annex IV to the regulation, for the transport from the territory
The United States on the territory of another Member State shall be required to enable
the Ministry, in cases where at the time of transport
and the transfer) is known, that the final destination of the competent
the goods are outside the community,
(b)) such exports of such goods to the final destination is subject to
the authorisation under paragraph 3 and such export directly from the territory of the Czech Republic is not
allowed on the basis of a general or general export permit, or
c) goods will not be in the Member State in which it is to be transported,
worked or processed within the meaning of article 24 of the code,
The community.
(2) for the submission of applications for authorisation for the transport of dual use goods
within the community under Council regulation and authorisation pursuant to paragraph 1, the
§ 8 shall apply to the procedure of the Ministry of § 9-10 mutatis mutandis.
(3) a permit granted under paragraph 2 are not intended for customs control.
(4) the person carrying the dual use goods within the community after
their supply back to the Ministry of the copy of the authorisations with
depreciation worksheet, which gives the volume of implemented supplies and this
the figure confirmed by his signature. It is required to do so by 15
days after the expiry of the permit, unless the conditions provide
otherwise. In the case of non-use of the authorization shall notify the Ministry of the
the fact, stating the reasons and return both copies of the permit.
(5) in the case of dual use goods, which are listed in
category 5 of Chapter 2 of annex I to Council regulation and which is not mentioned in the
Annex IV to Council regulation, within the community from the territory of the Czech Republic
the person carrying the goods at the request of the Ministry or other
State authority supplementary information relating to this item.
Transit
§ 13a
(1) the Office shall ensure that in the event of transit of dual-
the use of non-Community goods, ^ 45) without regard to the rights of third
people, if there is reason to suspect that the goods are or may be
intended for use according to the article. 4 (4). 1 or 2 of the Council regulation, and shall
shall notify the Ministry. The imposition of these measures shall be notified
the Customs Office by word of mouth to a person who has a dual use goods trucked in
mode of transit.
(2) the person to whom it was announced measures to provide dual-
use referred to in paragraph 1, shall be obliged to release the goods to the Customs Office
or to ensure his release. If not immediately after the notification of this
measures the goods to customs, may be issued to the person who is carrying,
withdrawn. On the issue of the seized goods or withdrawal draws up a Protocol, in
where the quantity and description of secured goods. The Protocol shall be signed by
two customs officers and the person to whom it was issued or goods taken away. Any
rejecting the signing of that person shall be mentioned in the log. To the person who
products has released or that the item was withdrawn, the Office shall forward duplicate
Protocol.
(3) secured a dual use goods, the Customs Office may keep the person
that the goods were provided, and save her decision, that the goods shall not
use, alienate or otherwise dispose of it. Legal acts,
This ban was violated, are invalid.
(4) a person affected by storing the measures referred to in paragraph 1 May to 3
working days of its imposition to submit written objections to the customs
the Office, which is saved. The opposition do not have suspensory effect. The Director of the
the competent Customs Office shall decide on the objection without undue delay.
His decision is final. The written decision of objections shall be forwarded to
to the person concerned.
§ 13b
(1) the Ministry may decide to ban the transit in the case that
and Council regulation so provides) ^ 46), or
(b)), dual use goods, non-Community goods ^ 45) and that
not listed in annex I to Council regulation, is or may be intended,
in whole or part for use referred to in article 14(2). 4 (4). 1 Council regulation or
for military end-use in countries referred to in article 14(2). 4 (4). 2
Council regulation.
(2) against the decision of the Ministry to ban the transit cannot be made
decomposition. The decision of the Court is excluded ^ 24).
(3) the Ministry shall notify the legal force of the prohibition decision
transit, or that the decision to ban the transit shall not issue, it shall immediately
the customs authority which ensure the goods in accordance with § 13 para. 1.
(4) in the event that the Ministry will decide on the ban on transit, shall decide
the Customs Office which ensure the goods in accordance with § 13 para. 1 this item
It occupies, if not within 20 days from the date of the decision
on the prohibition of the transit of the goods met the requirements to allocate the customs-
an approved destination provided goods which are not goods
The community and the transit is prohibited. Customs-approved treatment
permissible for non-Community goods and the transit
disabled, other customs-approved treatment than the external transit procedure, and
placing of goods in a free zone or free warehouse.
(5) the owner of the goods seized referred to in paragraph 4 becomes a State.
International import certificate
§ 14
(1) the Ministry of international cooperation in the field of export
the checks shall, unless otherwise stipulated, prior to importation of goods
dual use in the Czech Republic an international import certificate (hereinafter
"import certificate") in case if required, foreign
by the supplier.
(2) the import certificate shall be made out in writing in duplicate, with the
part of the copy for the purposes of customs control is the depreciation worksheet; This
copy is proof of shipment in the case of authentication that is required
foreign supplier.
(3) an application for an import certificate serves the Ministry of the importer
prescribed form.
(4) the application shall contain the following particulars:
and) identification of dual use goods,
(b)) the quantities and value of dual use goods,
c) data demonstrating the identity of the importer and end-user of the [§ 6 para.
2 (a). (b))],
d) name and address of a foreign vendor,
(e)) end use of dual use goods.
(5) the application shall be accompanied by the
and) the original or a certified copy of the extract from the commercial register
not older than 90 days (in the case of a natural person only if it is registered in the commercial
Register), where appropriate, the original or a certified copy
Trade license,
(b)) by enabling the competent national authority, if it is for the import of goods
dual-use required by specific legislation,
(c) at the request of the Ministry of the other) the documents and information that enable
a proper assessment of the case,
(d) proposal on conclusion of the contract) or any contract entered into between the importer and
the foreign supplier with the exact specifications of the dual-
use, including putting its quantity.
(6) the Ministry of the import certificate issued
and the importer has not complied with the conditions set out) in paragraphs 4 and 5, for
submission of the application,
(b)) in the period of 3 years preceding the application, or after submission
give the decision that the importer is guilty of an administrative
offense under § 17 para. 1 (b). a) to (f)) or according to § 18 para. 1 (b).
a) to (f)),
(c)) in a period of 2 years prior to the application of the decision of the acquired
the fact that the importer has repeatedly committed administrative offense under § 17
paragraph. 1 (b). g) to (i)) or according to § 18 para. 1 (b). g) to (i)),
d) is justified by the security interests of the United States,
(e)) end uses specified in the application does not guarantee that the dual-
use will not be used in conjunction with weapons of mass destruction,
missile systems capable of carrying such weapons or for military
end use, or
(f)) are not fulfilled conditions laid down specific legal
^ 22) provision.
(7) if the importer fails to import the certificate, it shall notify the
without undue delay to the Ministry stating the specific reason.
(8) the importer to whom the import certificate has been issued, keeps records or
stores the business documents and records on imports into the United States
carried out on the basis of it. Registration, business documents or records
shall be kept for at least 3 years from the end of the calendar year in
which the importation, to the extent information permitting subsequent
Verify the import of dual use goods and its actual use. Register,
commercial documents or records shall be obliged to submit at any time on request
Ministry or to the supervisory authorities referred to in this law.
(9) the implementing legislation sets out the application form for import
certificate.
§ 15
(1) the Customs Office of importation after keeping to the Czech Republic confirms
importers copy specified for the customs procedure, if the foreign
the supplier required proof of verification of delivery.
(2) the Customs Office in the event of the detection of irregularities, relating to
imported dual use goods, shall inform the Ministry of.
PART FIVE
CHECKING AND SANCTIONS
section 16 of the
Review
(1) the control of compliance with the Council regulation and this act carried out by the customs
authorities and according to the specific legislation of the other State authorities in the
the range referred to in them. ^ 19)
(2) the supervisory authorities referred to in paragraph 1 shall carry out the initiative of the Ministry of
whether or not a preliminary check verification-oriented data provided in the request
for a permit (section 8, 12, 13) or import certificate (§ 14).
(3) the Customs authorities have the right to enter into commercial rooms and areas
intended for business, in which dual use goods is or
be my business files, inspect exporters, importers and other
people that are on the export, import or transit of dual-use
involved in the intra-Community, and take them to the documentation.
(4) the Customs authorities shall be entitled, under the conditions laid down in the specific
^ 28) legislation to control the transmission of software and technology of double
the use of electronic media, fax or telephone to a destination
outside the territory of the community.
(5) to secure the control the activities of the Directorate-General of customs leads
records on exports of dual-use goods subject to customs control.
The Customs authorities shall keep these records in its territorial jurisdiction. General
Directorate of customs duties provides the necessary information about Ministry
made the export of dual use goods.
(6) the Customs office or customs control interrupts, if necessary, other
way to prevent the export of dual use goods were made,
If
a) has reasonable grounds to suspect that, when granting the authorisation has not been taken into account
important information,
(b)), since the permit was granted, the circumstances that
affect the granting of an authorisation, or
(c)) was asked to do so by the Ministry in case of major findings.
In such cases, the Customs Office shall immediately inform the Ministry of that
shall decide on further procedure pursuant to section 10. In the event that the licence was issued
authority of another Member State, it shall proceed as provided in regulation Department
Of the Council.
Administrative offences
§ 17
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and dual-use goods) from the territory of the community without a valid
authorisation, although a permit is required under the Council regulation, or
This Act (section 3), or to export it to enable fake, counterfeit,
or amended,
(b)) carries dual use goods from the territory of the Czech Republic on the territory of the
another Member State of the European Union without a valid permit, as is
the authorization required under Council regulation or of this Act (section 3, paragraph 3.
2, section 13) or to transport it to enable fake, counterfeit, or
as amended,
(c)) breaks the decision on the prohibition of the transit pursuant to § 13b
(d)) provide intermediary services related to goods of dual-
use without a valid permit, although a permit is required pursuant to section 3
paragraph. 3 or 4, or regulation, or to provide
intermediary services related to dual-use goods
It permits a false, falsified or altered,
(e)) will provide technical assistance without a valid permit, although a permit is
required under this Act [section 3, paragraph 1 (b), (e)), section 12], or
technical assistance will provide with the permission of counterfeit, counterfeit, or
as amended,
f) provide false, inaccurate or incomplete information or length
information relevant for the proper examination of the application for granting an authorisation or
the import certificate or submit false, counterfeit, altered or
invalid documents in order to obtain a permit or import the certificate,
g) violates any of the obligations laid down in Council regulation or this
by law (section 3, paragraph 4, article 6, paragraph 2, and 3, § 6, paragraph 5, to 8, § 11 and § 13
paragraph. 5),
h) violate any of the conditions laid down in the authorisation in accordance with Council regulation
or this Act (§ 6 para 1, § 12, 13),
I) to export dual use goods from the territory of the community without a valid
registration, although it is required to register under this Act (section 6),
j) does not register or does not retain business documents and records of the
the transport of dual use goods, which are listed in annex I to Regulation
The Council, within the community under Council regulation,
k) in the transport of dual use goods, which are listed in annex I
a Council regulation within the community clearly indicates in the relevant
commercial documents, that this is an item that when you export from the
The Community shall be subject to checks in accordance with Council regulation
l) does not register or does not retain business documents and records pursuant to section
14. 8 of this Act.
(2) for the administrative offence referred to in paragraph 1 shall be imposed to
and 20 0000 0000 Czk) or to the amount of five times the price of dual use goods,
If the upper limit of fines established rates higher, or forfeiture
dual use goods, in the case of an administrative offence referred to in paragraph 1 (b).
a) to (f)),
(b) 5 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). g) up to
l).
(3) forfeiture of dual use goods can be stored separately or together with
a fine, if the dual use goods belongs to the perpetrator of the administrative
offense, and the goods have been
1. committing an administrative offense used or intended, or
2. it has been the administrative crime obtained or was acquired for the goods by the administrative
crime obtained.
(4) the owner of the goods referred to in paragraph 3 of the propadnutého becomes a State.
section 18
Misdemeanors
(1) a natural person has committed the offence by
and dual-use goods) from the territory of the community without a valid
authorisation, although a permit is required pursuant to section 3, paragraph 3. 1 or 4 or
Regulation of the Council, or to export it to enable a false, falsified or
as amended,
(b)) carries dual use goods from the territory of the Czech Republic on the territory of the
another Member State of the European Union without a valid permit, as is
the authorization required under § 3 para. 2 or section 13 or regulation,
or to transport it to enable a false, falsified or altered,
(c)) breaks the decision on the prohibition of the transit pursuant to § 13b
(d)) provide intermediary services related to goods of dual-
use without a valid permit, although a permit is required pursuant to section 3
paragraph. 3 or 4, or regulation, or to provide
intermediary services related to dual-use goods
It permits a false, falsified or altered,
(e)) will provide technical assistance without a valid permit, although a permit is
required under this Act [section 3, paragraph 1 (b), (f)), section 12], or
technical assistance will provide with the permission of counterfeit, counterfeit, or
as amended,
f) provide false, inaccurate or incomplete information or length
information relevant for the proper examination of the application for granting an authorisation or
the import certificate or submit false, counterfeit, altered or
invalid documents in order to obtain a permit or import the certificate,
g) violates any of the obligations laid down in Council regulation or this
by law (section 3, paragraph 4, article 6, paragraph 2, and 3, § 6, paragraph 5, to 8, § 11 and § 13
paragraph. 5),
h) violate any of the conditions laid down in the authorisation in accordance with Council regulation
or this Act (§ 6 para 1, § 12, 13),
I) to export dual use goods from the territory of the community without a valid
registration, although it is required to register under this Act (§ 6).
(2) for the offense referred to in paragraph 1 (b). a) to (f)) can impose a fine of up to
20 0000 0000 CZK for the offense referred to in paragraph 1 (b). g) to (i)) can be saved
a fine of up to 5 0000 0000 CZK.
§ 19
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) the Amount of the fine on a legal person shall be determined with regard to peace, meaning and
for threats to foreign policy, trade or security
interests of the State, where appropriate, with regard to the damage caused.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has commenced proceedings in 2 years, when aware of it,
but not later than 10 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
the Customs Office in whose district the administrative offence was detected.
(5) The liability for the acts, which took place in the business
person ^ 35) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the Fines collected and enforced by the authority that is saved. Income from fines is
State budget revenue.
(8) the saved the confiscation of dual use goods under this
law, the customs authority decides that such goods are occupying, if
and) do not detect within sixty days from the date when the administrative offense came out clear,
the facts justifying the initiation of proceedings against a person,
(b)) perpetrators, which belongs to cannot be considered an administrative offence to prosecute, or
(c)) do not belong to the offender of the administrative offense or it does not belong completely and
If it takes the safety of persons or property or another General
interest.
(9) the owner of the seized dual use goods referred to in paragraph 8 shall
becoming a State.
PART SIX
COMMON, TRANSITIONAL PROVISIONS, THE CANCELLATION AND FINAL
TITLE I OF THE
COMMON PROVISIONS
section 20
(1) to secure the consistent implementation of the provisions of this Act is
the Ministry shall be entitled to claim from the State authorities the observations to each of the
cases of exports of dual use goods or transport within
The community provision of brokering services and transit of
the perspective of foreign policy and security interests of the State and information
exporters or requesting the granting of authorization,
as well as about their business, it relates to the goods
dual use. These authorities are obliged to issue statements, if
special legislation does not prevent ^ 37) within 20 days after the
receipt of the request, or with the agreement of the Ministry within a reasonably
extended.
(2) the Ministry and the Directorate-General of Customs shall be provided between
details on the procedure for authorisation and clearance procedure in the scope of the data
referred to in the authorisation granted. They shall immediately inform the
the facts relevant to the authorization procedure, monitoring compliance with
Regulation of the Council and of this law and the imposition of sanctions or other measures
under this Act. The Customs authorities shall provide the Ministry of information
relevant to the authorization procedure is detected during inspection activities.
(3) the Ministry and the State Office for nuclear safety in the field
nuclear, chemical and biological items mutually provide details
regarding the management of permits and authorisation procedures according to the specific
legislation. ^ 22) shall immediately inform each other of the facts
important for the authorization procedure, monitoring compliance with Council regulation and
of this Act. State Office for nuclear safety shall provide
the Ministry of information relevant to the procedure for the authorisation of identified during the
control activities.
(4) the Ministry of the Interior Ministry, and the Office for foreign relations and
information shall be provided between the information relating to the authorisation procedure for
or import a certificate within the scope of mutual cooperation
by the agreement.
section 21
Authorisations granted are non-transferable and not to be transferred to the legal successor.
The person to whom an individual export permit or export summary
permission is granted, you must therefore submit to the Customs office as declarant,
and that in itself or through direct agent. ^ 38)
section 22
cancelled
Article 23 of the
The State is not liable for injury caused by the release of the decision, of the reasons
laid down in the Council regulation and this Act; the liability of the State under the
special legislation does not affect ^ 39)
section 24
Powers of execution
The Government of the
and regulation) issues to implement section 7 (2). 4 and § 14 para. 9,
(b)) may issue regulations to implement section 3 (2). 1 (b). (d)) and § 5.
TITLE II
TRANSITIONAL PROVISIONS
§ 25
(1) a Licence for the export of controlled goods to third countries issued in accordance with
the existing legislation shall be treated as an authorization granted under
of this Act.
(2) the proceedings initiated before the date of entry into force of this Act terminates
under this Act.
(3) General export permit pursuant to section 4 may be used only on the basis of
registrations made under this Act.
TITLE III
CANCELLATION AND FINAL PROVISIONS
section 26
Shall be deleted:
1. Act No. 21/1997 Coll., on the control of exports and imports of goods and technologies
subject to international control regimes.
2. Act No. 204/2002 Coll., amending Act No. 21/1997 Coll., on
control of the export and import of goods and technologies subject to international
the inspection regimes.
3. Decree No. 397/2003 Coll., to implement Act No. 21/1997 Coll., on
control of the export and import of goods and technologies subject to international
control regimes, as amended by Act No. 204/2002 Sb.
4. Decree No. 398/2003 Coll., laying down a general import licence
the basis of which the import of controlled goods can take place in the United
the Republic (Decree of general import licence).
section 27 of the
The effectiveness of the
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Gross v. r.
1) Council Regulation (EC) no 428/2009 of 5 May 1999. May 2009 laying
a Community regime for the control of exports, transfer,
brokering and transit of dual-use items.
2) for example, Act No. 18/1997 Coll. on peaceful uses of nuclear energy
and ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended, Act No. 19/1997 Coll., on certain
measures related to the prohibition of chemical weapons and on the amendment and
supplementing Act No. 50/1976 Coll., on zoning and the building code
(the building Act), as subsequently amended, Act No. 455/1991 Coll.,
about trades (Trade Act), as amended
regulations, and Act No. 140/1961 Coll., the criminal act, as amended
legislation, Act No. 281/2002, on certain measures in relation
with the prohibition of Bacteriological (Biological) and Toxin Weapons and on
change the Trade Licensing Act, Act No. 13/1993 Coll. Customs law, in
as amended, Act No. 148/1998 Coll., on the protection of classified
facts and amending certain laws, as amended.
5) Article. 3 (2). 1 Council Regulation (EC) no 428/2009.
6) Article. 4 (4). 1 to 3 of Council Regulation (EC) no 428/2009.
7) Article. 4 (4). 4 Council Regulation (EC) no 428/2009.
8) Article. 4 section 5 of the Council Regulation (EC) No 1334/2000, as amended.
10) Council Joint Action 2000/401/CFSP.
19), for example, Act No. 18/1997 Coll., as amended, the law
No. 19/1997 Coll. as amended, Act No. 281/2002 Sb.
22) Act No. 18/1997 Coll., as amended.
Act No. 19/1997 Coll., as amended.
Act No. 281/2002 Sb.
24) Act No. 150/2002 Coll., the administrative procedure code, as amended by Act No.
192/2003 Coll.
Act No. 99/1963 Coll., the civil procedure code, as amended
regulations.
Article. 9 point 2 of Council Regulation (EC) No 1334/2000, as amended.
28), for example, Act No. 13/1993 Coll. as amended, Act
No 148/1998 Coll., as amended.
35) § 2 (2). 2 of the commercial code.
37), for example, Act No. 153/1994 Coll., on the Czech intelligence service
Republic, as subsequently amended, Act No. 154/1994 Coll., on
The security intelligence service, as amended.
38) Act No. 13/1993 Coll., as amended.
39) Act No. 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amending
the Czech National Council Act No. 357/1992 Coll., on the notarial profession and their activities
(the notarial regulations), as amended.
40) Article. 2 section 5 of Council Regulation (EC) no 428/2009.
41) Article. 2 section 7 of Council Regulation (EC) no 428/2009.
Article 42). 2 section 6 of Council Regulation (EC) no 428/2009.
43) Council Joint Action 2000/401/CFSP of 22 December 2003. June 2000 on the
the control of technical assistance related to certain military final
the use of the.
44) Article. 5 (3). 1 Council Regulation (EC) no 428/2009.
Article 45). 2 section 13 of the Council Regulation (EC) no 428/2009.
Article 46). 6 (1). 1 Council Regulation (EC) no 428/2009.
