On Foreign Trade With Military Material And The Law

Original Language Title: o zahraničním obchodu s vojenským materiálem a o doplnění zákona

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41740&nr=38~2F1994~20Sb.&ft=txt

38/1994 Coll.



LAW



of 15 November 2004. February 1994



on foreign trade with military material and the addition of law No.

455/1991 Coll., on trades (Trade Act), as amended by

amended, and Act No. 140/1961 Coll., the criminal act, as

amended



Change: 310/2002 Sb.



Change: 357/2004 Sb.



Change: 413/2005 Sb.



Modified: 296/2007 Sb.



Change: 124/2008 Sb.



Change: 220/2009 Sb.



Change: 41/2009 Sb.



Change: 227/2009 Sb.



Change: 248/2007 Coll. (part)



Change: 248/2007 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



General provisions



The scope of the Act and the definition of basic terms



§ 1



(1) this Act regulates the conditions for the implementation of foreign trade with

military material (hereinafter referred to as "trade with military material") and

the scope of the public authorities in this area.



(2) the performance of State administration in the field of trade with military material must

be in accordance with the international obligations of the United States and its

foreign political, commercial and security interests.



§ 2



(1) Trade with military material for the purposes of this Act, the



and the export of military material from) the territory of the Czech Republic to a non-

the Member State of the European Union,



(b) the importation of military equipment) in the territory of the United Kingdom from other than

the Member State of the European Union,



(c) the purchase of military equipment from) a foreign person, the sale of the military

material foreign person "^ 1"), as well as the fulfilment of other obligations towards

foreign person and receive additional benefits from foreign persons,

the purpose of which is the military material when it comes to trade with military

material in relation to other than Member States of the European Union,



(d) the transfer of military equipment) within the European Union.



(2) Trade with military material means also



and mediation activities) referred to in paragraph 1,



(b) the purchase of military equipment) in foreign countries and its subsequent sale to the

other than the Member State of the European Union.



(3) for trade with military material for the purposes of this Act,

also considered to be a written declaration of will towards the conclusion of the contracts that

governing the relations referred to in paragraphs 1 and 2.



§ 3



(1) this Act does not apply to



and) exports, or dealing with military material outside the territory of the United

under the action of the armed forces of the Republic of the United States, security

^ Ward 1a) or the essential components of integrated rescue system

The United States ^ 1b) by international treaties by which it is

Czech Republic is bound, including the recovery of imports,



b) imports or dealing with military material in the territory of the Czech Republic

in connection with the action of the armed or emergency other

States, the United Nations and other international organizations

on the territory of the Czech Republic by international treaties, which

the Czech Republic is bound, including the recovery of exports,



c) export or disposal of military equipment outside the territory of the United

States for the purpose of providing humanitarian or development aid, or

involvement in international humanitarian relief operations, including

Re-import, or donation representatives of another State if the decision about the

the Government, and under the conditions laid down by the Government,



d) imports or dealing with military material in the territory of the Czech Republic

in order to receive humanitarian aid, including re-export,

If the decision about the Government, and under the conditions laid down by the Government.



(2) this Act does not also apply to the provision of information, broadcasting and

recruitment of experts for the purpose of research, development, design, production,

modification, repair, maintenance, use and operation of military equipment within the

degree programmes accredited under a special legal

Regulation ^ 1 c) that are carried out by military high school.



§ 4



The subject of trade with military material must not be



and) weapons of mass destruction, which mean the nuclear, chemical and

biological weapons ^ 1 d)



(b)) the goods to which the provisions of special legislation

or the renowned international treaties by which the Czech Republic

bound, prohibiting the use, Stockpiling, production and transfer of

anti-personnel mines and requiring their destruction ^ 1e) and prohibiting the

or restricting the use of certain conventional weapons which may be

Excessively Injurious or to have indiscriminate effects can ^ 1f)

If famous for the international treaty, which the Czech Republic is bound,

provides otherwise.



§ 5



(1) military material for the purposes of this Act are



and) products, their components and spare parts, which are due to the

his characteristic technical and construction characteristics assessed

as designed or adapted for use in the armed forces

or security corps, or in bulk in these folders

used for the security tasks of the defence and security of the State,



b) machinery, equipment, investment projects, technology, programming

facilities, technical documentation or instructions made, modified,

equipped, designed or modified for military use, in particular

for the development, manufacture, inspection and testing other products, their parts

and spare parts referred to in point (a)).



(2) military material for the purposes of this Act, means and services

provided in connection with military material referred to in paragraph 1,

in particular, the execution of repairs, modifications, as well as the provision of information, broadcasting

and recruitment of experts for the purpose of research, development, design, production,

modification, repair, maintenance, use and operation of military material.



(3) the list of military equipment under the preceding paragraph shall lay down the

the implementing regulation on the basis of a common list of military equipment

Of the European Union.



PART TWO



Authorisation of trade in military material



§ 6



(1) trade with military material may only be performed by a legal entity

with its headquarters on the territory of the Czech Republic (hereinafter the "legal person"), or

entrepreneurial natural person in the cases provided for by this law (hereinafter referred to

"natural person") on the basis of the authorisation; permits are not required in

If the trade with military material is performed by the Ministry of defence

or the Ministry of the Interior, under the conditions laid down in section 12a.



(2) a permit issued by the Ministry of industry and trade (hereinafter referred to as

"the Ministry") on the basis of binding opinions of the authorities concerned,

which are the



and the Ministry of Foreign Affairs) in terms of foreign policy

the interests of the United States, compliance with the obligations arising for the Czech

Republic of international treaties, as well as from the Czech Republic's membership in the

international organizations,



(b)), the Ministry of the Interior in terms of public policy, security and

protection of the population,



(c) the Ministry of defence) in terms of securing the defense of the United States.



(3) a binding opinion the authority concerned referred to in paragraph 2 within the time limit

20 days from receipt of a copy of the application; binding opinion must

contain the approval or disapproval of the authority concerned with the issue of the permit.



Conditions for admission



§ 7



(1) the authorisation may be issued to a legal person, provided that



and the capital of a legal entity) is not more than 49% of the deposits

originating from foreign persons, with the exception of deposits from foreign

persons established or resident in a Member State of the European

of the Union,



(b)) Board members of a legal person and prokuristé, if

a power of Attorney is granted, and the members of the Supervisory Board, if established,



1. have reached the age of 21 years,



2. are citizens of a Member State of the European Union,



3. they have a permanent residence in the territory of a Member State of the European Union,



4. are competent to perform legal acts,



5. meet the prerequisites to perform certain functions in State bodies

and organizations under a special legal regulation ^ 2)



6. meet the prerequisites for performance sensitive activities under the Special

^ 2a) Act,



(c)) trade with military material will be carried out is a legal person

on its own behalf and on their own account,



(d)) financial collateral trade in military material is a legal person

is sufficient in relation to its expected range.



(2) the conditions laid down in paragraph 1 (b). (b)) must be met and the

the founders, the founders, where appropriate, the founding members of the legal

persons are natural persons and legal persons is not yet registered in the

the commercial register.



(3) permit may be issued to a natural person who is a citizen of the United

Republic, has permanent residence in the territory of the United States and meets the conditions of

referred to in paragraph 1 (b). (b)), points 1, 4, 5 and 6 and paragraph 1 (b). (c))

and (d)).



§ 8



For the sensitive activity under a special law ^ 2a) shall be deemed to



and the performance of the functions of a statutory) body of a legal person

conducts trade with military material,



(b) the performance of the authorized agents for) legal or natural persons that

conducts trade with military material,



c) a member of the Supervisory Board of the legal person, who carries out the

trade with military material,



(d) trade with) the implementation of military material a natural person who is

the holder of the authorization.



§ 9



Application for a licence




(1) in the application for authorisation (hereinafter referred to as "application for authorization") shall indicate



and the business name or name) and address of the seat of the legal person or the name,

where appropriate, the name, surname, address, place of business, the address of

permanent residence, and social security number in the event that the applicant for the permit is

a natural person,



(b)) the name or name, last name, address, place of residence and

social security number of the members of the statutory body of the legal person and the authorized agents,

If the power of Attorney is granted, with an indication of the way in which they are acting on its behalf,

as well as the name or names, last name, address of residence

and social security number of the members of the Supervisory Board, if established; for citizens of another

the Member State of the European Union, by specifying the name or names,

last name, date of birth and other information that are eligible to the

to uniquely identify a person,



(c) persons) identification number ("ID number"), if the

allocated,



(d)) business,



e) specification of military equipment within the meaning of § 5 para. 3 of this Act,

with a territorial focus to trade.



(2) an application for a permit shall be accompanied by the



and the Treaty or Charter) regarding the establishment or establishment of the legal person

the notary's registration or contract or Charter with the officially verified

the signatures of the founders or the founders, if a legal entity is not yet

registered in the commercial register,



(b) the relevant documents in the case), that the information referred to in the request differs from the

the data entered in the commercial register, or other similar



c) certificate of prerequisite for the performance of certain functions in the

State bodies and organizations under a special legal regulation ^ 3),



(d) proof of safety) natural persons for the performance of sensitive

the activities of the State or of a natural person for the classification of confidential or

higher, issued pursuant to a special Act 2a), u ^ members of the statutory

body of a legal person, proxy, if a power of attorney granted, members

the Supervisory Board, if established, and a natural person who applies for a permit.



(3) the model application for authorization lays down detailed prescription.



§ 10



(1) a decision on the issue of the permit shall contain



and the business name or name) and address of the legal person or the name,

where appropriate, the name, surname, place of business, residence, and social security number

for natural persons and the identification number, if assigned,



(b)) the definition of military equipment that is the subject of trade,



(c) territorial focus to trade with) military material,



(d)) for more conditions for carrying out trade with military material

established legal entity in accordance with section 1 (1). 2 of this Act,



(e)) the authorisation number, its date of issue, stamp and signature of the authorised

a worker of the Ministry.



(2) the legal or natural person to whom authorisation was granted is

obliged to notify the Ministry of any change and document data

contained in the application for the issue of permits or documents attached to

the application and at the latest within 30 days from the date on which the change occurred.



§ 11



(1) the Ministry shall not issue a permit if the conditions are not met

for its issue set out in sections 7 to 9, or in the case of issuing

authorisation has been compromised foreign political or commercial interests

The United States, or of public order, security and protection

of the population.



(2) the permit shall be issued after a period of three years after the termination of the insolvency proceedings

or from the issue of a prior decision, which has not been issued a permit

to carry out trade with military material, or from the demise of the authorisation referred to in

§ 13 para. 1 (b). (c)).



§ 12



(1) the Ministry shall decide on the application for authorisation within 60 days from the date of its

delivery. Not against this decision may be made.



(2) Trade with military material can be used in accordance with the issued

by enabling, first from the entry of the scope of activities in the commercial

or other similar register.



§ 12a



(1) trade with military material, consisting in the purchase or importation of

You may make on behalf of the United States Department of Defense or

The Ministry of the Interior, and to the extent the security performance of their tasks.



(2) the Ministry shall issue the Ministry of Defense or Ministry of Interior

instead of the license the license confirmation after submission



and an application for a license) a confirmation that contains



1. the organizational units of the State, its name and address,



2. the name or names, last names and social security numbers of the persons authorized for

The Department of Defense or the Ministry of the Interior Act,



3. the labelling of the concluded contract, which is a prerequisite for the implementation of the trade,



4. the name of the State from which the military is to be imported,



5. the name of the military, according to the military, its

quantity registration or serial numbers, if you have been allocated,



6. number or item or subitem of the combined nomenclature

customs tariff ^ 3a)



7. contract price per unit quantity of military goods in Eur and

total price in CZK



8. the estimated time, in which it will be possible to trade according to the concluded contract

take place,



9. other information related to a specific trade in military

material,



(b) the contracts to trade) with military material,



(c)) of the document of the final use of military equipment in accordance with § 15 para. 5.



(3) the license confirmation containing the information listed in paragraph 2 (a). and).



section 13 of the



Termination of authorisation



(1) the authorisation shall expire



and the deletion of a legal person) of commercial or other register in

the death of a natural person,



(b) the bankruptcy) by legal or natural persons,



(c)) by the Ministry of the revocation of the authorisation, if



1. the authorisation was granted on the basis of incorrect or incomplete information, the



2. legal or natural person no longer meets the conditions for

the granting of authorization,



3. external political, commercial and security interests of the United States

require it,



4. the holder of the permit has violated the provisions of this Act seriously in

or prescription of the European Union, the law of the Member State of the European

the Union, or the renowned international agreement, which is the Czech Republic

bound, if governing trading or dealing with the military

material,



(d)) the notification of legal or natural persons of their performance povolované

activity.



(2) the permit is not transferable; upon termination of the legal person or the death of a

a natural person is transferred to its legal successor.



PART THREE



The terms of the licensing and its use



HEAD FIRST



THE LICENSE FOR IMPLEMENTATION OF FOREIGN TRADE WITH MILITARY MATERIAL



§ 14



License



(1) a legal person which has been granted a permit under this Act, it is

entitled to a particular trade with military material carried out on the basis of,

to the extent and under the conditions specified in the licence.



(2) a legal person shall request the grant of a license for each contract, the

the subject is trade with military material according to § 2 (2). 1 (b). and)

a to c) or § 2 (2). 2; trade with military material according to § 2 (2). 3

You can perform without a license.



Application for grant of license



§ 15



(1) a request for the grant of a license shall submit to the Ministry of legal person

that was allowed to make trade with military material (hereinafter referred to as

"the applicant").



(2) an application for the granting of a licence pursuant to § 14 para. 2 shall be submitted after

a written expression of will of the foreign contractual partner, made for

the purpose of the conclusion of the agreement in the area of trade in specific species and

the amount of military equipment. In the case of the entry of the applicant to the

international public tender, the applicant may submit an application for the grant of

the license after a design contest notice or when prompted to submit

menu in the framework of a public competition.



(3) an application for the granting of a licence pursuant to § 14 para. 2 must contain



and the business name or name) and address of the applicant,



(b) the identification number of the applicant)



(c)) the business name or name and address, or the name or names,

last name and place of business of the foreign contractual partner, or

domestic contractor,



(d) the authorisation number) to conduct trade in military material,



(e)), a number, or an item or subitem of the combined nomenclature

customs tariff ^ 3a)



(f) the materiel under the name) list of military material and its

significant quantities of military equipment under section 20 on registration

or production numbers, if assigned,



(g) the proposed period of validity),



(h) the name of the State)



1. from which the military is to be imported, in the case of importation

for the end user in the territory of the Czech Republic,



2. from which the military is to be imported, and the name of the State in

whose territory is the ultimate user of the military material, in the case of

his arrival in the territory of the Czech Republic and the subsequent export, or



3. in whose territory is situated the end user in the case of export

military goods,



4. in which there is to be military equipment purchased, and also the name of a State in

whose territory is the ultimate user of the military material in the case

that this will not be imported to the territory of the Czech Republic,



I) purpose foreign trade with military material, indicating the

information, whether it is a business within the meaning of section 2 (2). 2,



j) bid or contract price per unit of quantity of the military


material in CZK and total price in CZK



k) the business name or name and address, or the name or names,

last name and business address of the end user,



l) geographical name and coordinates of the imposition of military material

limited international treaty on the territory of the United States before export

or, if the subject of the Treaty the military material relevant in

the meaning of section 20 (2). 4.



(4) an application for the granting of a licence pursuant to § 14 para. 2 must be accompanied by the



and the proposal for the conclusion of the contract) or any contract entered into with the fact that these

the documents must contain the exact specification of military equipment including

putting its quantity,



(b) proof of the final use); in the case that this is a military

material imported under licences for transfer of title to the other, to

which binds the export restrictions, the Declaration by the applicant that complied with the

the conditions set out in the export restrictions, and appropriate proof of consent

the competent authority of the Member State of origin of the military material,



(c) other particulars identifying the military) of the material, if it is

necessary for the proper examination of the application.



(5) proof of the final use referred to in paragraph 4 (b). (b)) may not be earlier

than 12 months and must include



and the name of the State), in whose territory the place of final use

military goods,



(b) the name of the authority) issued



c) business name or the name and registered office of the applicant,



(d)) business name or name and address, or the name or names,

last name and business address of the end user,



(e)) the exact description of military equipment, in particular its quantity,

the characteristics and value



f) release date,



g) antireexportní clause



h) the name or name, last name and the stamp and signature of the authorised

representative of the authority which issued the document,



I) information about the final use of military equipment.



(6) the Patterns of applications for the grant of a license shall lay down the implementing regulation.



section 16 of the



(1) the Ministry shall decide on the application for the grant of a license within 60 days

from the date of its delivery on the basis of binding opinions



and the Ministry of Foreign Affairs) in terms of foreign policy

the interests of the United States, and compliance with the international obligations of the United

States, in particular the obligations arising from the renowned international

the contracts, which the Czech Republic is bound, and from the membership of the Czech Republic

in international organizations,



(b) the Ministry of the Interior) in terms of public policy, security and

protection of the population,



(c)) the Ministry of defence in terms of ensuring the defence of the Czech Republic,

When it comes to significant military equipment under section 20.



(2) a binding opinion referred to in paragraph 1 shall issue the authority concerned within 20

days from receipt of a copy of the application; in particularly complex cases, and on the

by written agreement of the ministries, this time limit reasonably

extended. Binding opinion must include the approval or disapproval

of the authority concerned.



(3) the decision on the granting of a licence pursuant to § 14 para. 2 includes



and the business name or name), registered office and identification number of the applicant,



(b) the authorisation number) to conduct trade in military material,



(c)), a number, or an item or subitem of the combined nomenclature

customs tariff,



(d) the name of the military equipment and) its quantity,



(e)) the total cost of military equipment in CZK,



f) trade name or name and address, or the name or names,

last name and place of business of the foreign contractual partner and the final

military users



(g) the period of validity of licence)



(h) any other terms of the license).



(4) the decision shall define the place for records of the Customs authorities on the use of

the licence granted.



§ 17



(1) a legal person to whom the licence was granted, is obliged to inform the

the Ministry regarding use of the licence to the tenth day of the month

following the expiration of the first and second calendar half-year.

Information is given in the scope of the implementing regulation.

Accuracy and completeness of information on the use of the license will confirm by signature

a person who is authorized to act on behalf of the legal person.



(2) the original of the decision granting the licence, which will not be used or

has fulfilled the purpose for which they were granted or whose

expired, it is required to a legal person which has been granted, to the

15 days to return to the Ministry.



(3) a legal person to whom the licence was granted shall, within 15 days

from the moment he learns about the circumstances which hinder the use granted

license, disclose this fact in writing to the Ministry.



Refusal and withdrawal of licences



section 18



The Ministry shall not grant a license, if the



and the applicant has not complied with) requirements set out in section 15, or



(b)) the applicant has violated provisions of this serious breach of law or

Regulation of the European Union, the law of the Member State of the European Union

or renowned international treaty that Czech Republic is bound,

If regulating trading or dealing with military material, or



(c)) is justified by the foreign political or commercial interests of the Czech

Republic or the protection of public order, security and protection

of the population.



§ 19



(1) a licence granted by the Ministry to be withdrawn if trade with military

the material has not been made or has not yet been fully completed, and



a) licence was granted on the basis of false or incomplete information, the

or



(b)) is justified by the foreign policy interests of the United States or

the protection of public order, security and protection of the population, or



c) are not complied with the conditions laid down in the grant the licence, or



d) ceases to enable pursuant to section 13 of this Act.



(2) in the event that it is for the reasons referred to in paragraph 1 (b). (b))

necessary, it may, on a proposal of the Ministry the authority to suspend

drawing of the license for the period strictly necessary. The decomposition of the decision on the

suspension of license does not have suspensory effect. If the reasons no longer exist

in the first sentence, and if the reason for the procedure under paragraph 1,

on a proposal from the Ministry of the institution concerned of the decision on the suspension of pumping

cancels the license.



(3) in the cases referred to in paragraph 1 or 2 of the State does not correspond to the legal

the person to whom the licence was granted for any damage suffered

withdrawal or suspension of the license.



section 20



Significant military material



(1) for significant military material in terms of the effectiveness of its

combat or its quantity (hereinafter referred to as "significant military

material "), the applicant before submitting an application for an

the licence, submit an application for prior authorisation to negotiate with a foreign

partner.



(2) in the application for preliminary consent is implied to be indicated

the matters referred to in article 15, paragraph 2. 2.



(3) the Ministry shall decide on the request after prior consultation with the

Ministry of Foreign Affairs within 30 days of its request. Awarded by the

the preliminary agreement may be changed, if there has been a change in the conditions under

which it was issued. This preliminary agreement does not replace the grant of license.



(4) identification of significant military material referred to in paragraph 1 shall be determined

implementing regulation.



section 21



Legal person which has been granted the license to allow export or

to import military equipment from the territory or in the territory of the Czech Republic (hereinafter referred to

"the licensee"), and in the case of such trade with military

the material, where the foreign contractual partner, or the end user does not have

registered office in a Member State of the European Union, is required to control the allocation

Customs-approved treatment ^ 3b) to carry out and present the original of this

license at the locally competent Customs Office, based in the Czech Republic.



section 22



The Declaration of the final use military goods imported into the United

the Republic exposes for the needs of the Ministry of foreign persons.



THE HEAD OF THE SECOND



LICENSE TO TRANSFER OF MILITARY EQUIPMENT WITHIN THE EUROPEAN UNION AND

CERTIFICATION



§ 22a



The definition of the



For the purpose of granting licenses for the transfer of military equipment within the

The European Union provided for in this title shall mean



and any movement of military) transfer of material from a supplier in

one Member State of the European Union (hereinafter referred to as "Member State") to

recipients in another Member State,



b) supplier of legal or natural person to whom the permit has been issued

and who is responsible for the transfer,



(c)) the recipient of the legal or natural person established in one of the

the Member States shall be responsible for the adoption of the transfer,



(d) license to transfer permission) the vendor to transfer military

material to a recipient in another Member State,



(e) a general vendor licenses) to carry out the transfer, if the

meets the conditions referred to in section 22b.



section 22b



General License



(1) legal or natural person to whom authorisation was granted is

authorized to make transfers, if



and is a part of) the recipient of the armed forces of a Member State, or

by the contracting authority, which carries out exclusively purchases for the armed forces

of a Member State,



(b)) the recipient is a legal or natural person certified pursuant to

the applicable law of a Member State, which incorporates the

Regulation of the European Union governing the simplification of the conditions of transfers

military material ^ 3 c),



(c) the transfer is made for) demonstration samples reviews

or exhibitions, or




(d) the transfer is made) for the purposes of maintenance or repair of the military

material.



(2) in the case where the general licence referred to in paragraph 1 (b). (b))

certified recipient violates the terms of certification, or could be

to prejudice public order, security or public protection,

the Ministry shall decide on the suspension of the transfer to the recipient. About

the decision taken by the Ministry shall inform the competent authorities of the other

the Member States and the European Commission.



(3) the general licence referred to in paragraph 1 (b). (c)) shall apply to the provision of

information, training, lectures or seminars, activities

related to the research, development, design, design work and

the production, in addition to the transfers of military equipment demonstrations,

presentations, exhibitions and trade fairs, testing, tests, účastích in

selection procedures and market research. General License does not authorize you to

contractor for sale, donation or subsequent re-export to countries outside the

The European Union. If it is not the subject of the transfer, demonstrations or

issue entirely consumed or otherwise disposed of, must be returned

on the territory of the Czech Republic.



(4) the general licence referred to in paragraph 1 (b). (d)) shall apply to the



and experts and) transfers of military equipment when

activities associated with the production, modification, installation, defektací,

repairs, maintenance, service, complaints, training and training of handlers,

use and control of military material,



(b) the transfer of military equipment), which is the subject of maintenance and repair to

execution of the contractually agreed activities. In the case of neopravitelnosti can be

replace the defective piece of military equipment for a new one, but the total number of

pieces of military equipment must be retained. The subject of the maintenance and repair of the

must return to the territory of the United States at the time, which is laid down in the

the contract with the recipient.



(5) a supplier who intends to export from the territory of the United States military

material on the basis of a general license, must, before undertaking a

the first transfer of register with the Ministry. To be notified in writing

the Ministry of



and General License) the type referred to in paragraph 1 (b). a) to (d)), which intends to

to take advantage of, and the time of its use,



(b) your personally identifiable information)



1. in the case of a natural person name or names, surname, date of birth, and

address of the place of residence in the territory of the Czech Republic; If

entrepreneurial natural person shall also address the place of business and

the identification number, if assigned,



2. in the case of a legal person, business name or the name and address of the legal person,

the identification number, if any, and the nature of the business.



(6) the contractor shall promptly upon request of the Ministry, up to 15

days, it shall submit the data referred to in paragraph 7 of the transfers effected on

the basis of this general license.



(7) the supplier is a general license referred to in paragraph 1 (b). a) and b)

obligation to retain data about the performed transfers for a period of 10 years from the

implementation of the transfer. The information must contain the



and) the name, business name or the name and address of the recipient,



(b)) a detailed description of military goods with an indication of the quantities of each

items and the total price,



(c)) document proving exclusive contractual relationship,



(d) proof of the final use),



e) confirmation by the recipient in advance was familiar with all of the terms

the transfer; the confirmation must include the instantiation of these conditions.



(8) the supplier is a general license referred to in paragraph 1 (b). (b)) shall

even before the first shuttle service to verify that the recipient of the transfer is

certified under the relevant legislation of the Member State

of the recipient.



(9) the supplier shall arrange for the general licence pursuant to paragraph 1. a) and b)

prior to the transfer, the proof of the final use confirmed by the recipient

in the Member State of the transfer. Proof of the final use cannot be older

than 12 months and must include



and name of Member State), in whose territory the place of supply of the military

material,



(b) the name of the authority) issued



(c) the trade name or name) or the name or names, and surname and

the address of the registered office or place of business of the applicant,



(d) a precise description of military equipment), in particular its quantity,

the characteristics and value



e) release date and



f) antireexportní clause.



(10) the supplier shall inform the Ministry of the tenth day of the month

following the expiration of half of the transfers effected in the framework of the

This general license.



(11) the supplier prior to each transfer shall draw up

an overview of the composition of the shipment containing an inventory of the goods with transferovaného

the name, number, type (production, registration) indications and

prices of military material that will accompany the consignment.



(12) any changes to the information in the supplier is obliged to register within 15 days

from the day when he, to communicate to the Ministry.



(13) the Ministry will publish a list of suppliers who use the General

licence, in a manner allowing remote access.



section 22 c



Summary of the licence



(1) legal or natural person to whom authorisation was granted is

authorised to carry out on the basis of the summary of the licence transfers to multiple recipients

in one or more Member States.



(2) an application for the granting of the licence must contain a summary



and authorization to perform) the number of trade in military material,



(b)), a number, or an item or subitem of the combined nomenclature

customs tariff,



(c) military goods by) the definition of the military list



(d) the proposed period of validity),



(e) the name of the Member States), to which the transfer is to be implemented

military material, and



f) definition of the beneficiaries and the end users of materiel.



(3) the Ministry shall decide on the request for the grant of licenses within summary

30 days from the date of its delivery. The provisions of § 16 shall apply mutatis mutandis to the

by a binding opinion of the Ministry of Foreign Affairs

does not require. Summary of the licence is granted for a period of 3 years.



(4) the decision on the license in addition to the General requirements summary

contains



and authorization to perform) the number of trade in military material,



(b) military material by) the definition of the military list



(c)) the definition of the beneficiaries and the end users of military material,



(d)), the place and date of the validity period,



(e) any other security terms).



§ 22



Individual license



(1) legal or natural person to whom authorisation was granted is

shall be entitled to make a transfer on the basis of individual license to one

to a specific recipient.



(2) an application for an individual licence shall contain



and authorization to perform) the number of trade in military material,



(b)), a number, or an item or subitem of the combined nomenclature

customs tariff,



c) specification of military equipment with the transcription of his name on a list

on military material and quantity,



(d) the proposed period of validity),



(e) the name of the Member State), to which the transfer is to be implemented, business

company or name and address, or the name or names, surname and place of

the business of the recipient.



(3) the Ministry shall decide on the application for an individual licence in

the period of 30 days from the date of its delivery. The provisions of § 16 shall apply

Similarly, with the binding opinion of the Ministry of Foreign Affairs

does not require.



(4) the decision to grant individual licences in addition to General

elements contains



a) item number and name according to the combined nomenclature of the customs

tariff,



(b) the name of the military material) list of military material and its

the amount,



(c) the name of the Member State), in whose territory is situated the registered office, place of

business or residence of the recipient,



(d) the date and place of issue) and the period of validity of the licence,



(e) any other security terms) license.



§ .22e



Common provisions on the transfer of military equipment to the inside

Of the European Union



(1) the provisions of § 16 to 19, for the purposes of this title shall apply mutatis mutandis,

unless otherwise provided in this title.



(2) Licences under this title are not subject to military transfers

the material, if



and the Ministry of defence by the supplier) or the Ministry of the Interior, or



b) transfer is necessary for the implementation of a cooperative armaments programme

between the Member States.



Certification



§ 22f



(1) Certification is the procedure by which the Ministry checks

the reliability of the recipient in terms of its ability to comply with the export

limitation of military goods under licence to transfer from another

of a Member State.



(2) the fulfilment of specified requirements is confirmed by issuing a certificate of

the reliability of the recipient (hereinafter referred to as the "certificate").



§ 22 g



Conditions for the issuing of the certificate



(1) the condition for the issue of a certificate that the applicant is



a) holds a valid permit to foreign trade with military

material,



b) placed on the market under his own name or trademark of the military

material or its components or systems and subsystems of the military

material,



(c)) uses military equipment adopted on the basis of General licenses

the transfer of production and shall not transfer their

or export, except for maintenance or repairs, and undertakes in writing to,



d) showing reliability pursuant to paragraph 3.



(2) the request for the issue of a certificate shall state the




and company or business) name and address or the name or names, and

address of the applicant,



(b) the identification number of the applicant)



(c)) addresses the production units, if they are introduced,



(d)) the name of the worker as a person personally responsible for transfers

and exports.



(3) an application for the issue of a certificate for the purposes of the assessment of the reliability

be accompanied by the



and the corresponding documents) any applicable experience in activities

related to the management of military materials, especially with regard to

compliance with export restrictions, enabling the manufacture or placing on the market

military equipment and the hiring of an experienced management staff,

documentation on the relevant industrial activities in the area of military

material, particularly the ability of Assembly systems or subsystems,



(b) a written undertaking from the applicant) signed by an authorized person to take

all the necessary steps to ensure compliance with and enforcement of all special conditions

for end use and export of each of the specific component or product that

have been received,



(c) a written undertaking from the applicant) signed by an authorized person, that

the competent authorities with due care shall provide detailed information

relating to the final user or end use of all products

the undertaking exported, transported or adopted on the basis of a license to

transfer from another Member State,



(d) a description of the internal program) compliance with legal standards or system

the management of transfers and exports in the undertaking, signed by the

by an authorized person; the description must include detailed information about the

organizational, human and technical resources allocated to the management of

transfers and exports, the chain of responsibility in the structure of the undertaking,

the internal audit procedures, awareness-raising and training

employees, measures to ensure the physical and technical security,

record-keeping and traceability of transfers and exports.



(4) the model application for issue of a certificate shall adopt detailed legislation.



§ 22 h



Issuing of the certificate



(1) the Ministry shall determine whether the applicant meets the conditions for issuance of the

the certificate and shall for that purpose be binding opinions of the concerned

the institutions, which are



and the Ministry of the Interior) in terms of public policy, security and

protection of the population,



(b)) the Ministry of defence in terms of the defence of the Czech Republic, assurance



(c) the Directorate-General of customs) in terms of compliance with the import and

export measures.



(2) a binding opinion the authority concerned referred to in paragraph 1 within the time limit

20 days from receipt of a copy of the application; binding opinion must

contain the approval or disapproval of the authority concerned with the release

the certificate.



(3) when the conditions of the Ministry shall issue within 60 days from the date of delivery of the

request a certificate that contains, in addition to the General requirements



and) certificate number,



(b) the business name or name) and address of the registered office or, where appropriate,

name and the permanent address of the applicant and the identification number, if

allocated,



(c)) addresses organizational units to which the certification relates,



(d)) Declaration of compliance with the conditions referred to in section 22 g,



(e) the period of validity of the certificate)



(f) the date of issue of the certificate), stamp and signature of the authorised worker

of the Ministry.



(4) a certificate issued by the Ministry in Czech and English language.

The certificate shall be issued for a period of 5 years. The certificate issued in another Member

the State is valid in the territory of the Czech Republic.



§§ 22i



Obligations of the holder of the certificate



(1) the certificate holder is obliged to meet all the conditions laid down

for its release throughout the period of its validity.



(2) the certificate holder is obliged to immediately inform the Ministry and

demonstrate all the changes that have arisen or occurred after the granting of the

certificate, and which may affect the validity or content of the certificate.

In particular, the certificate holder shall notify the



and all the important changes to its) industrial activities relating to

military goods,



(b) any modification of the data) specified in § 23 para. 2.



(3) the Ministry carried out at least every 3 years to check whether the holder of the

the certificate fulfils the conditions laid down in paragraph 22 g. In order to control the

the Ministry and authorised by the inspection authority shall be entitled to



and enter into the relevant space) of the holder of the certificate,



(b) examine and copy records) or information concerning products

exported, transferred or adopted on the basis of the transfer licences

from another Member State.



section 22j



The demise of the certificate



(1) the certificate expires



and the bankruptcy decision,)



(b) the expiration of the period of validity of the certificate),



(c) upon the death of a natural person)



(d)) by the Ministry of the revocation of a certificate, if the



1. the certificate was awarded on the basis of incorrect or incomplete information, the



2. the holder of a certificate no longer fulfils, the conditions for its grant, or



3. require the security interests of the United States, in particular if

the holder of the certificate has seriously violated the provisions of this Act

or prescription of the European Union, the law of the Member State of the European

the Union, or the renowned international agreement, which is the Czech Republic

bound, if governing trading or dealing with the military

the material, or



(e)) by returning the certificate to the Ministry.



(2) the certificate is non-transferable; upon termination of the legal person or the death of a

a natural person is transferred to its legal successor.



(3) in the event that the certificate is cancelled, the recipient is obliged to this

immediately notify their suppliers who use General

the license. The Ministry shall inform the competent authorities of the

the other Member States and the European Commission.



(4) the Ministry shall publish and regularly update a list of the holders of

certificates and shall inform the European Commission, the European Parliament and the

the other Member States, on the website of the European Commission.



PART FOUR



Review the implementation of the trade in military material



Article 23 of the



(1) the Ministry checks the compliance with this Act in the legal and

individuals who have been granted a permit to trade in military

material, and for both legal entities and natural persons, which can reasonably be

assume that made trade with military material, and

The Ministry of Defense or the Ministry of the Interior, which carried out the trade in

military material under section 12a (hereinafter referred to as "the person"). The Ministry of the

inspection report on control findings.



(2) a person in respect of which a check is being carried out pursuant to paragraph 1 are

required to staff the Ministry authorized to check the make

all papers and documents relating to the inspection, as well as allow

inspection of objects and goods, and to the extent set out in writing in advance

the Ministry; inviolability of the home is guaranteed. Persons who have been

granted a permit to trade in military material, are required in writing

communicate to the Ministry within the time limit laid down in the required data on

the trade in military material, in particular the report of the use of the granted

the license.



(3) the Controlled persons have the right to acquaint themselves with the contents of the Protocol on the

control findings, to receive a copy of and comment on the content of the

log in a specified period of time.



(4) the provisions of the preceding paragraphs are without prejudice to the inspection

powers under special legislation. ^ 4)



§ 23a



The surveillance of the Customs authorities



(1) the Customs authorities shall ensure that the trade with military material

carried out only by persons who have been granted authorisation in accordance with this

the law, and that it is carried out to the extent and under the conditions laid down

the relevant licenses.



(2) the customs authority in the exercise of supervision pursuant to paragraph 1 shall be entitled to call upon the

the licence holders to submit the original and write on the original

licence the particulars of the facts, which are related to its

the use of; writes to the licence shall affix the date of implementation of registration and information

clearly identifying the person who carried out the writing.



(3) if the Office finds that the trade with military material is not

carried out in accordance with this Act or other legislation or

the terms of the related licence, it shall immediately inform the

by the Ministry.



(4) for security surveillance referred to in paragraph 1 shall provide the Ministry of

The Directorate-General of customs duties to the extent strictly necessary licensing data

granted under this Act. The Directorate-General of Customs shall provide

the Ministry of information resulting from the activities of the Customs offices and related to

the use of licences issued under this Act.



Ensure military material



Section 23b



(1) the Customs Office can provide military material, if it can be reasonably

assume that the military material was used or intended for committing the

the administrative offense or was the administrative tort was obtained or acquired for

Another thing the administrative tort obtained.



(2) the Customs Office in ensuring the military material referred to in paragraph 1

progresses so that the rights of third parties was not limited to the above what was necessary to

fulfill the purpose of hedging.



section 23 c



(1) the Office shall issue a decision regarding the securing of military material.

Appeal does not have suspensory effect.



(2) in the decision to provide military equipment shall state the grounds for the

that is the military ensures, and further stating that the decision on the


ensure military material has the effect of decision of guarantee for the fulfillment of

obligations pursuant to § 147 paragraph. 6 of the code of administrative procedure, if it is not paid

the fine.



(3) where appropriate, the Customs Office in the decision referred to in paragraph 2

provide that the military leaves the person who owns it

or hold; While this person may not use military material, convert

to another person, or otherwise dispose of.



Section 23d



(1) the person to whom it was delivered to the decision to ensure the military

the material is required to this military material, the Customs Office of issue

If the Customs Office does not flow under section 23 c of paragraph 1. 3.



(2) if the secured military material to the call issued by the Customs Office,

the Office of the military withdraw to the person who has it.



(3) for the issue or withdrawal of a secured military material shall be

the official record, which shall contain a description of the military material. Person,

that the military has released or that the military was withdrawn, the

the Customs Office shall issue a certificate of release or the withdrawal of military equipment.



Section 23e



If it is not secured military material for further proceedings and no longer need to

does not come into consideration of its forfeiture or prevents administrative

offense, or the sale or other disposal of, returns to the person who was

ensured.



section 24



(1) the Ministry shall be entitled to request information from all State authorities

for persons engaged in trade with military material or on persons

applying for a permit to this trade, as well as on their business

When it relates to trade in military material.

The provision of such information is governed by special legal regulations ^ 5).



(2) the Ministry without undue delay, provide



and) the authorities concerned under this Act



1. the data referred to in the request for authorization or the grant of a license,



2. the information referred to in the final decision to grant or to refuse a

the authorization,



3. the information referred to in the final decision on refusal, suspension

pumping, cancel the suspension of the drawdown or withdrawal of the license,



4. information on the termination of the authorisation,



(b)) the Directorate-General of customs duties



1. the data referred to in the final decision to grant or to refuse a

the authorization,



2. the information referred to in the final decision on the granting, suspension

pumping, cancel the suspension of the drawdown or withdrawal of the license,



3. information on the termination of the authorisation,



(c) the Ministry of defence in addition to data) and the information referred to in point (a))

whether or not data relating to inspections with significant trade in military material and

information about the supervision or to ensure military material under section 23 to

23e,



(d)) of the Office for testing Czech weapons and ammunition issued

licences in cases where the subject of the foreign trade products

subject to verification by a special legal regulation ^ 5a).



PART FIVE



ADMINISTRATIVE OFFENCES



the title launched



§ 25



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal person commits an administrative offense by trading with

military material without a permit under section 6 (1). 1 or a licence under the

§ 14 para. 1.



(2) a legal entity or individual entrepreneur, asking for the release of the

permit, is guilty of an administrative offense, by



in a) provide a request for authorization under section 9 paragraph 1. 1 incorrect or

incomplete information, which is necessary for the issue of permits, or



(b) the supporting documents shall be documented by) § 9 para. 2 illegally altered or

counterfeit.



(3) a legal entity or individual entrepreneur, released

permit, is guilty of an administrative offense, by



and does not notify the Ministry submits or) change according to § 10 para. 2,



(b) amend the data in the authorization),



(c)) will transfer one specific recipients without individual license

pursuant to section 22 or more recipients in one or more Member States

No summary of the licence under section 22 c or



(d)) performs a transfer on the basis of the general licence contrary to section 22b.



(4) a legal entity or individual entrepreneur, released

the permit and asking for the grant of a licence, is guilty of an administrative offense

by



and shall state in the request) the granting of a licence pursuant to § 3 para. 3, section 22 c of paragraph 1. 2

or § 22 para. 2 incorrect or incomplete information, which is necessary for

the granting of the license, or



(b) the supporting documents shall be documented) pursuant to § 15 para. 4 illegally altered or

counterfeit.



(5) a legal person which has been granted a licence, is guilty of an administrative

tort by



and fails to comply with information requirements) regarding use of the licence pursuant to § 17 para. 1,



(b) amend the information in the license), including records of the Customs authorities, or



(c) fails to comply with the obligation to return the original) licence pursuant to § 17 para. 2 or

information obligation according to § 17 para. 3.



(6) a legal entity or individual entrepreneur, asking for the release of the

certificate under section 23, paragraph 2. 2, committing an administrative offense, by



and shall state in the request) issue the certificate of incorrect or incomplete information,

that is essential for its issue, or



(b) the supporting documents shall be documented pursuant to §) 22 g of paragraph 1. 3 unlawfully altered or

counterfeit.



(7) the legal entity or individual entrepreneur, which was issued by a

certificate under section 22f para. 1 and 2, is guilty of an administrative offense by

that



and) contrary to section 22i notifies and submits all of the changes that occurred after the

the grant of a certificate, and which may affect the validity or contents

certificate, or



(b) amend the information in the certificate).



(8) For administrative offence shall be fined



and the $ 50 000 000), in the case of an administrative offence under paragraphs 1 or

paragraph 3 (b). c) or (d)),



(b)) to 15 000 000 CZK in the case of an administrative offence under paragraph 5 (b). and)

or (b)),



(c)) to 5 000 000 CZK in the case of an administrative offence referred to in paragraph 2, paragraph

3 (b). and) or (b)), paragraph 4, paragraph 5 (b). (c)), paragraph 6 or 7.



section 26



The confiscation of military material



(1) the confiscation of military material can be stored separately or together

with a fine, if the military belongs to the legal or business

a natural person to a person who has committed an administrative offence, and military

the material has been



and) for committing an administrative offense taken or intended, or



(b) an administrative crime obtained or) was acquired as a matter of administrative tort

obtained.



(2) confiscation of military material cannot be saved if its

the value of out of proportion to the nature of the administrative offense.



(3) the owner of a sunken military material becomes a State.



section 27 of the



Prevents military material



(1) If for the administrative offence saved the forfeiture of military equipment

pursuant to section 26, to decide that such military material occupies

If



a) belongs to a legal entity or a natural person-entrepreneur, that cannot be

for the administrative offence, or



(b)) does not belong to the legal entity or the entrepreneurial natural person

the administrative offense committed, or it does not belong in full,



and if it takes the safety of persons or property or another General

interest.



(2) decide to prevent military material cannot be, if its

the value of out of proportion to the nature of the administrative offense or if the hearing

having the characters of the administrative offense 6 years have elapsed.



(3) the owner of the seized military material becomes a State.



§ 27a



Common provisions



(1) a legal entity or individual entrepreneur for the administrative offence

does not match, if it proves that made every effort, which was

may be required to prevent a violation of legal obligations.



(2) in determining the penalties to a legal person or natural person is active

taking into account the severity of the administrative offense, in particular, to the way its

having committed and its consequences, and the circumstances under which it was committed.



(3) the liability of a legal person or entrepreneurial natural person

an administrative offense shall cease, if the administrative authority has commenced proceedings to him

4 years from the date on which it learned, but not later than 10 years from the

the day when it was committed.



(4) administrative offences pursuant to § 25 para. 1 to 4, § 25 para. 5 (b). a) and (c))

and § 25 para. 6 and 7 in the first instance dealt with the Ministry and the administrative

offenses under § 25 para. 5 (b). (b)) in the first instance hearing of the customs

the Office.



(5) the authority which levied the fine is imposed. Income is income from fines

the State budget.



PART SIX



Additions to law No. 455/1991 Coll., on trades

(Trade Act), as amended



section 28



In section 3, paragraph 3. 2 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended by Act No. 234/1992 Coll., Act No.

591/1992 Coll., Act No. 600/1992 Coll. and Act No. 273/1993 Coll.,

the following letter m) is added: "(m)) of foreign trade with military

material. ".



PART SEVEN



cancelled



section 29



cancelled



PART EIGHT



Provisions common, transitional and final



section 30



If the opinion of the authorities concerned in accordance with § 6 and 16, as well as information

granted on the basis of § 24, contain classified information ^ 2a),

keep the parts of the file in which the information is contained,

separately outside the file.



section 30a



(1) in any legal proceedings on the basis of an action against a decision

issued pursuant to this Act to the taking of evidence to be performed

the entire obligation of professional secrecy on classified information


contained in the opinions of the institutions concerned provided pursuant to section 6 and

16, as well as the information provided on the basis of section 24. To these

circumstances can be accomplished only if the evidence of the witness if he was the one who

obligation of secrecy, this obligation has the competent authority absolved;

waive the confidentiality cannot be when could endanger the

or serious disruption of the activities of the intelligence services or the police of the Czech

Republic; mutatis mutandis in cases where the evidence is performed by

other than the interrogation.



(2) the Authority which provided the information, identifies the circumstances referred to in paragraph

1, which argues that in relation to them, you cannot waive confidentiality, and

President of the Chamber decides that the parts of the file to which these circumstances

weighs in, they should be separated, if it could otherwise be compromised or

serious disruption of the activities of the intelligence services or the police of the Czech

of the Republic.



section 31



(1) employees and members of the prison service to administrative authorities

referred to in § 24 para. 2, are required to maintain the confidentiality of

facts having the character of a business and the secrecy of the

which learned in connection with the granting of an authorisation, the granting of

license or the control of the trade in military material, even when

ceased to be employees of these bodies or their service to

These authorities. May be exempted from this obligation for serious

reasons, the head of the administrative authority referred to in the first sentence, which are

or were their subordinates.



(2) employees and members of the prison service to administrative authorities

referred to in § 24 para. 2, who are involved in the implementation of this law and

they are required to maintain confidentiality under the preceding paragraph shall not

be employed by legal persons authorized to trade with the military

material for a period of three years from the end of the employment or service

ratio.



§ 32



(1) a valid official permit issued in accordance with the existing regulations ^ 6)

be construed as a licence under this Act.



(2) legal persons who at the date of entry into force of this Act are

holding a valid official permit for trade with military material,

they can continue the implementation of this trade for a period of six months from the

the effective date of this Act; in this period of time are required to submit an application

the authorization referred to in part II of this Act to which the provisions of the

§ 9 para. 3, even if the legal person is registered in the commercial register. In

If they do not, the existing official authorization to trade

military material this deadline will be considered void.



§ 33



Ministry in agreement with the Ministry of Foreign Affairs, the Ministry of

of Defense and the Interior Ministry will issue for the implementation of § 5 para. 3, § 9 para.

3, article 15, paragraph 2. 7, § 17 para. 1, section 20 (2). 4 and § 23 paragraph 1. 4 of this

Law Decree.



§ 34



This Act shall take effect on 1 January 2000. April 1994.



Uhde v.r.



Havel v.r.



Klaus v.r.



Selected provisions of the novel



Article. XXIV Act No 413/2005 Sb.



Transitional provision



Legal persons who are holders of permits for foreign trade with

military material and establish a supervisory board, are required to submit

the Ministry responsible for each Member of the Supervisory Board papers according to § 7 (2). 1

(a). (b)) for 8 months from the date of entry into force of law No 412/2005 Coll. on

the protection of classified information and security.



Article. (II) Act No. 220/2009 Sb.



Transitional provision



The procedure for the issue of permits or licences, initiated before the date of

entry into force of this law shall be completed in accordance with Act No 38/1994 Coll.

in the version in force until the date of entry into force of this Act.



Article. (II) Act No. 248/2006.



Transitional provision



The procedure for applications made before the date of entry into force of this Act

shall be completed pursuant to Act No. 38/1994 Coll., in the version in force before the date of application

the effectiveness of this Act.



1) § 21 para. 2 of the Act No. 513/1991 Coll., the commercial code, as amended by

amended.



1A) Law No. 361/2003 Coll., on the service of members of the

security forces, as amended.



1B) Act No. 239/2000 Coll., on the integrated rescue system and amending

certain acts, as amended.



1 c) Act No. 111/1998 Coll., on universities and amending and supplementing

other laws (law on higher education), as amended

regulations.



for example, a contract for 1 d) nuclear non-proliferation, the renowned under no.

61/1974 Coll., Convention on the prohibition of the development, production, Stockpiling and use

of chemical weapons and on their destruction, known for under no 14/2009 Coll., m.

s., Act No. 19/1997 Coll., on certain measures connected with the

the prohibition of chemical weapons and amending and supplementing Act No. 50/1976 Coll., on the

land use planning and the building code (the building Act), as amended by

amended, Act No. 455/1991 Coll., on trades

(Trade Act), as subsequently amended, and Act No.

140/1961 Coll., the criminal code, as amended by later regulations, as amended by

amended, the Convention on the prohibition of the development, production and Stockpiling of

of Bacteriological (Biological) and Toxin Weapons and on their

the destruction of declared under no. 96/1975 Coll., Act No. 281/2002 Coll., on

some of the measures related to the prohibition of Bacteriological

(Biological) and Toxin Weapons and on the amendment of the Trade Act, in the

as amended.



1E) Act No. 309/1999 Coll., on the prohibition of the use, Stockpiling, production and

transfer of anti-personnel mines and on their destruction and on the amendment of Act No.

140/1961 Coll., the criminal code, as amended by later regulations, as amended by

Act No. 41/2009 Sb.



1F) the Convention on Prohibitions or restrictions on the use of certain conventional weapons

which may be Excessively Injurious or to have indiscriminate effects,

under the famous No. 21/1999 Coll.



2) § 2 (2). 1 (b). a) and b) of Act No. 451/1991 Coll., laying down

some of the other conditions for the performance of certain functions in State

institutions and organisations of the Czech and Slovak Federal Republic, the Czech

and the Slovak Republic.



2A) Act No. 412/2005 Coll., on the protection of classified information and on the

Security eligibility.



3) § 4 paragraph 2. 1 Act No. 451/1991 Coll.



3A) Council Regulation (EEC) No 2658/87 of 23 July. July 1987 on the tariff and

statistical nomenclature and on the common customs tariff, as amended by

Commission Regulation (EC) no 2031/2001 of 6 December 2001. August 2001.



3B) § 102 of the Customs Act.



3 c) directive of the European Parliament and of the Council no 2009/43/EC of 6 May 1999.

May 2009 simplifying terms and conditions of transfers of defence products

purposes within the community.



4) Eg. Act No. 13/1993 Coll. Customs law.



5) for example, Act No. 153/1994 Coll., on the Czech intelligence service

Republic, as amended.



5A) Act No 156/2000, on the validation of firearms, ammunition and

pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire

weapons and ammunition (the Firearms Act), as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, as amended.



6) Decree of the Federal Ministry of foreign trade no. 560/1991

Coll., on conditions for issuing official permits to import and export of goods and

services, as amended.