On The Implementation Of International Sanctions

Original Language Title: o provádění mezinárodních sankcí

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62223&nr=69~2F2006~20Sb.&ft=txt

69/2006 Sb.



LAW



of 3 July 2003. February 2006



on the implementation of international sanctions



Change: 227/2009 Sb.



Change: 281/2009 Sb.



Change: 139/2011 Sb.



Change: 167/2009 Sb.



Change: 399/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



This law regulates the following on directly applicable provisions of

Of the European Communities ' ^ 1 ') one of the obligations of natural and legal

people in the implementation of international sanctions in order to maintain or

restore international peace and security, the protection of fundamental human

rights and the fight against terrorism. Furthermore, the Act regulates the obligations

natural and legal persons in the implementation of international sanctions for the

the purpose of maintaining or restoring international peace and security, the protection of

fundamental human rights and the fight against terrorism to which the

Czech Republic is committed on the basis of membership in the Organization of the United

Nations.



Definition of terms



§ 2



International sanctions for the purposes of this Act, the command, the prohibition of

or limitations provided for in order to maintain or restore international

peace and security, the protection of fundamental human rights and the fight against

terrorism, if it appears



and of the Security Council's decision) of the United Nations (hereinafter referred to as

"The Security Council"), adopted under article 41 of the Charter of the Organization

the United Nations,



(b)) from common positions, joint actions and other measures

adopted on the basis of the provisions of the Treaty on European Union on the common

Foreign and security policy, or



(c)) from directly applicable regulations of the European communities, which

implementing common position or a joint action adopted according to the provisions

The Treaty on European Union on the common foreign and security policy.



§ 3



For the purposes of this Act, means the



and) territory, subject to international sanctions, a territory full

or partially controlled by the entity or by a State which is subject to

international sanctions, including airspace and territorial waters;



(b)), the body which is subject to international sanctions, the one against whom

they are directed penalties referred to in the document in accordance with § 2;



(c)) a person that is subject to international sanctions,



1. the State, which is subject to international sanctions,



2. a citizen of the State, which is subject to international sanctions,



3. the Member or representative of the entity to which they relate

international sanctions,



4. other natural person residing in the territory to which the

subject to international sanctions, with the exception of State citizens United

Republic,



5. a legal person established in the territory, subject to international

penalties, or



6. the person referred to in the lists issued by the sanctions committees of the Council

safety or in the documents of the institutions of the European Union referred to in § 2

(a). (b)), or (c));



(d) the person)



1. the Czech Republic,



2. a citizen of the United States, State



3. a natural person other than a citizen of the United States, residing

on the territory of the Czech Republic,



4. other natural person authorized for permanent or temporary residence on the

the territory of the Czech Republic ^ 2), or



5. legal person established on the territory of the United States, including the territorial

STUs ^ 3);



(e)) the usual stalling on a territory of residing in that territory after

for at least 183 days in one calendar year, and it continuously or in

several periods; within 183 days are counted each day

stay;



(f)) of property which is subject to international sanctions, any movable and

immovable thing, owned, held or otherwise controlled by the entity to which the

subject to international sanctions, or by a person that is subject to

international sanctions, imported from the territory, subject to international

penalties, or intended for export to the territory, subject to international

penalties;



(g)) of goods things, rights and other assets, such as money in

any form, including deposits and receivables from deposits, other payment

resources, securities and investment tools, any substance

for preparing products, product, service, software or technology

and any other matter to the movable or immovable that is or is to be

the subject of trade, regardless of the manner and circumstances of its provision;



h) goods, which are subject to international sanctions, items owned,

held by, or otherwise controlled by an entity subject to international

sanctions, or by a person that is subject to international sanctions;



I) Czech goods goods owned, held, or otherwise controlled by the Czech

person;



j) other goods goods which are not goods or goods of the Czech, on which

subject to international sanctions;



to the means of transport equipment) designed especially for the transport of persons,

baggage, cargo or mail;



l) means of transport which is subject to international sanctions,

means of transport



1. flying the flag of a State which is subject to international sanctions,

or imatrikulovaný,



2. owned, held or used by the entity to which they relate

international sanctions, or in his favour or otherwise controlled, or



3. owned, held, used or otherwise controlled by the person to whom

apply international sanctions;



m) Czech means of transport



1. flying the flag, imatrikulovaný, owned, held or

used by the Czech Republic or in its favour or otherwise

controlled, or



2. owned, held, used or otherwise controlled by the Czech person;



n) other means of transport that is not Czech

means of transport or a means of transport, subject to the

international sanctions;



o) cultural object



1. a work of art, and the subject of cultural value ^ 4),



2. cultural monument, a national monument, or ^ 5),



3. the collection of the Museum of the nature or subject of the sbírkový ^ 6), or



4. public cultural production, such as a theatre, film,

audiovisual or musical performances, concert, dance or

Disco, circus, variety or similar performances, exhibition, and more

similar activities;



p) de facto or legal option to control their actions influence

the behavior of another person, the use of things or events in a particular territory.



PART TWO



THE FIELD OF APPLICATION OF SANCTIONS



§ 4



General provisions



(1) the restrictions or prohibitions laid down in articles 5 to 8 shall apply to the extent

established by regulation of the Government resulting from the



and decision of the Security Council), or



(b)) of the common position, joint action or other measures adopted at the

the basis of the provisions of the Treaty on European Union relating to the common foreign and

security policy.



(2) restrictions or prohibitions referred to in paragraph 1 may be invoked in the

areas



and trade and services),



(b)) money transfers, the use of other means of payment, purchase and

the sale of securities and investment tools,



c) transport,



(d)),



e) technical infrastructure,



(f) scientific and technical contacts),



g) cultural contacts, or



h) sports contacts.



(3) Government Regulation pursuant to paragraph 1 shall define at the same time, in accordance with section 3 of the

(a). (c)) of persons that are subject to international sanctions.



§ 5



Commerce and services, money services and financial markets



(1) in the field of trade and services can take the form of restrictions or sanctions

the prohibition of



and the importation or purchase of goods), which are subject to international sanctions,

its sales or any other handling,



b) export, sale or allow different treatment of Czech goods

the body, which is subject to international sanctions, or person

that is subject to international sanctions, or within the territory to which the

subject to international sanctions,



(c)) of the transit through the territory of Czech goods, which are subject to international

penalties, or goods that are subject to international sanctions, through the territory of

The United States,



(d)) of the transit of other goods in the territory, subject to international

penalties, or the goods entity which is subject to international

penalties, or the person that is subject to international sanctions, through

the territory of the Czech Republic, or



e) any activity that would support or could support

activities referred to in points (a) to (d)).)



(2) in the field of money transfers, the use of other payment

funds, the purchase and sale of securities and investment instruments

penalties may take the form of restrictions or prohibition



and the provision of any performance of Czech) by a person for the benefit of the Organization

subject to international sanctions, or of a person subject to the

international sanctions, as well as the closure of shops, including shops with them

foreign currency,



(b) rental of safety deposit boxes) of the entity to which they relate

international sanctions, or the person that is subject to international

penalties, or receiving the goods that are subject to international sanctions,

into custody, if with reasonable resources shown

that the goods, which are subject to international sanctions,



(c) any provision of funds), investment instruments

or other securities or financial or economic resources


the body, which is subject to international sanctions, or person

that is subject to international sanctions,



d) transfer of funds, investment instruments or other

securities from your account or to an account controlled by the entity to which the

subject to international sanctions, or by a person that is subject to

international sanctions, including the payment of bank cheques, if it can be when you

spending a reasonable means to find out



e) payment of interest on the funds in the accounts controlled by the operator,

subject to international sanctions, or the person to whom the

subject to international sanctions, as well as the interest payments made by the controlled

Securities and investment tools,



(f)) the conclusion of the insurance contract with an entity, subject to the

international sanctions, or by a person that is subject to international

penalties, or the performance of the insurance contract, or



(g)) of any activity, that would support or could support

activities referred to in points (a) to (f))).



§ 6



Transport and communications



(1) in the field of transport can sanctions be restrict or prohibit



and the Czech transport) of entry to the territory, subject to the

international sanctions,



(b)) other transport transit through the territory of the Czech Republic

or exit the territory, subject to international sanctions,



(c)) of the Czech Republic border crossing in vehicles

that are subject to international sanctions, for the purpose of entry or

departure from the territory of the Czech Republic,



(d) any physical or legal) waste transport

the funds, which are subject to international sanctions, nalézajícími the

the territory of the Czech Republic,



(e)) the provision of transport resources of the organization that is

subject to international sanctions, or the person that is subject to

international sanctions,



(f)) to make corrections or the provision of spare parts, components or

tools required for the repair or adjustment of means of transport, on

that are subject to international sanctions, or



(g)) of any activity, that would support or could support

activities referred to in points (a) to (f))).



(2) in the area of communications can sanctions be to restrict or prohibit the



and acceptance for carriage or) transport of postal items in the territory

that are subject to international sanctions, or intended for the body

subject to international sanctions, or the person that is subject to

international sanctions, from the territory, or across the territory of the Czech Republic,



(b)) the provision of electronic communications services for the purpose of liaison with the

the body, which is subject to international sanctions, or with a person

that is subject to international sanctions, or within the territory to which the

subject to international sanctions,



(c)) the provision of another connection with the body, subject to the

international sanctions, or with a person that is subject to international

sanctions, or in the territory, subject to international sanctions,



(d)) of the radio, television or other broadcast in the territory to which the

subject to international sanctions, or



e) any activity that would support or could support

activities referred to in points (a) to (d)).)



§ 7



Technical infrastructure



In the field of technical infrastructure can consist in restrictions or sanctions

ban on the supply of energy or of supply of raw materials, machinery or equipment

needed to its production of the land or through the territory of the Czech Republic

the body, which is subject to international sanctions, or person

that is subject to international sanctions, or within the territory to which the

subject to international sanctions.



§ 8



Scientific and technological, cultural and sports contacts



(1) in the field of scientific and technical contacts may penalties consist in restrictions on

or prohibition



and participation in) scientific or technical research, programs or

projects, which together involved in Czech person and entity or

the person, which are subject to international sanctions; in the case that this is a

activities financed by other than a body or person to whom the

subject to international sanctions, lies only in the exclusion of such penalties

entity, or such a person from participating in this activity,



(b) the equipment or device) to provide the Czech person or from the territory of

The United States entity or person subject to international

sanctions, with a view to their use for scientific or technical research,

program or project



(c)), providing information on the scientific or technical research,

programmes or projects of the Czech people or their results to the body

or to the person, which are subject to international sanctions, or in the territory in

that are subject to international sanctions, the absence of such information, and

the results publicly available,



(d)) the provision of industrial or intellectual property rights

the body, which is subject to international sanctions, or person

that is subject to international sanctions, or



e) any activity that would support or could support

activities referred to in points (a) to (d)).)



(2) in the field of cultural relations can consist in restrictions or sanctions

the prohibition of



and the provision of cultural goods) the Czech person or from the Czech territory

entity or person which are subject to international sanctions, or

the territory, subject to international sanctions,



(b) adoption of the Czech cultural goods) by the person or on the Czech territory from the

entity or person which are subject to international sanctions, or of

the territory, subject to international sanctions, unless they are

temporary admission for the purpose of the rescue, protection and conservation of cultural

goods threatened by armed conflict or natural disaster

disaster or on the return of cultural objects to the person to whom the

not subject to international sanctions,



(c)) the provision of copyright or related rights, the Czech people

entity or person that are subject to international sanctions, or to

the use of the territory, subject to international sanctions, or



(d)) of any activity, that would support or could support

activities referred to in points (a) to (c)).)



(3) in the field of sports contacts can sanctions take the form of restrictions or

the prohibition of



and) the participation of the person or group that represents the entity or person to whom

subject to international sanctions, on the sports match or other

sports event organized in the territory of the Czech Republic or the Czech person



b) participation of the Czech people or groups representing the Czech Republic at

Sports Games hosted by a body or person, subject to the

international sanctions, or in the territory, subject to international

penalties, or



c) any activity that would support or could support

activity referred to in point (a)), or (b)).



§ 9



Exemptions from the sanctions regime



(1) the Ministry of Finance (hereinafter referred to as "the Ministry") may, if it

According to the content of the document admits § 2, enable in accordance with this

document and to the extent necessary derogations from the prohibition or limitation of



and the provision of treatment and) medical care



(b)) on the delivery of humanitarian aid, if it is not limited in the document referred to in

§ 2; for such assistance, in particular the supply of food, clothing,

drugs, medical supplies and other humanitarian needs, the necessary

for the protection of health, life and property of civilians with dignity and

the provision of services associated with it, including organization and execution of

rescue operations,



(c)) on the provision of the benefits of social welfare, State social benefits, benefits

pension insurance, health insurance benefits (care), the aid in

unemployment benefits, retraining, support and on the payment of insurance premiums on the

retirement savings, social security and a contribution to

State employment policy and health insurance

insurance,



(d)) to provide wages, compensation for wages, severance pay and other payments

arising out of employment or similar working relationship,



(e) maintenance)



(f)) for damages caused by activities that does not have a link with the

the implementation of international sanctions for the purposes of this Act, and to the payment of

insurance related,



(g)) to pay for the claims of the body, which is subject to international

sanctions, or by a person that is subject to international sanctions, if

This claim has not been suffered violation of international sanctions,



(h)) to the subject or person, payments which are subject to international

the penalties due under contracts, agreements or obligations that were

concluded or arose before they were against the body or person

announced international sanctions, if these are payments made to the

account in the Czech Republic or in another State of the European Union, which

all the inserted asset resources subject to international

penalties, or



I) to another purpose, as set out in the document referred to in paragraph 2 (a). (c)).



(2) an exemption may be granted on request or without request. Ministry in

the decision to permit exceptions to its application shall set the conditions so

to its application to control, and so, to avoid obstructing the

the purpose of the international sanctions. In the event of a serious infringement of the conditions for

the application of the exceptions to her Ministry.



PART THREE



OBLIGATIONS IN RELATION TO THE PROPERTY, WHICH IS SUBJECT TO INTERNATIONAL SANCTIONS



§ 10



The obligation of notification




(1) who is a reliable way to know that the property on the

subject to international sanctions, is required to make about it without

undue delay notification to the Ministry.



(2) if in the preparation or when the contract is suspected,

that one of the parties to the contract relationship is subject to international sanctions,

or that the subject of the contract relationship is or has to be property to which

subject to international sanctions, but that suspicion is not possible before

When concluding the contract or plausible to verify, there is notification

the obligation under paragraph 1 immediately after the conclusion of the contract.



(3) notification shall be given in writing or orally, and in the case of

the risk of late payment and electronically or by fax. For written notification is

It also considers that the notification by electronic means, which is signed by a recognized

an electronic signature.



§ 11



The management of the property, which is subject to international sanctions



(1) who is a reliable way to know that the property on the

subject to international sanctions, not to dispose of these assets

otherwise than for the purpose of protection against loss, deterioration, destruction

or other damage, unless otherwise indicated in this Act, from

When he learns that the property is considered to be property to which the

subject to international sanctions.



(2) a person to whom the property is situated, which is subject to international

the penalties shall be entitled to apply to the State to pay the necessary costs

associated with its management and protection from the moment of receipt of the notification

the Ministry in accordance with § 10. Entitled to reimbursement under this

the provision does not have a body or a person covered by the international

penalties, or persons cooperating with them, or with them in them

business or in any other way.



(3) If a question Arises, the person referred to in paragraph 1 amended

way secures the protection of property, subject to the international

sanctions, or if it is necessary to ensure the security of his administration, for example, with

regard to the expected duration of the applicable

international sanctions, the Ministry will invite to the release of such assets.

The one to whom the assets are located, subject to the international

sanctions, the Ministry will issue a challenge to the Ministry or his designated

to the person. Assets may be withdrawn voluntarily remains unreleased. For the issue or withdrawal of

asset report, which shall contain a sufficiently detailed description of the

issued or withdrawal of assets. Copy of the log shall be issued to the person who

assets issued or has been withdrawn, as confirmation of the acceptance of the item.



(4) the provisions of paragraphs 1 to 3 shall also apply to the assets with which the

the event triggering notification according to § 10 para. 1.



(5) the Ministry shall issue to the authorized person, or the person designated by the

subparagraph (b)), or (c)) the assets that are subject to international sanctions,

If



and on) is not subject to international sanctions, and proves that the

is the owner or holder of such property,



(b)) is in the document referred to in paragraph 2 indicate that a specific person should be released,

or



c) so decided to finally State authority competent domestic or

the competent authority of a foreign State or an international organization whose

the decision is based on the international law enforceable in the territory of the United

of the Republic.



PART FOUR



THE POWERS AND OBLIGATIONS OF THE STATE AUTHORITIES AND THE CZECH NATIONAL BANK



§ 12



The proceedings before the Department of



(1) the Ministry may, based on an assessment of whether the asset has to be

considered assets subject to international sanctions,

decide



a) restrict or prohibit the disposal of this property,



(b)) about the deprivation of property, which was not issued to the challenge under section 11 (1) 3,



(c) a take-over of the assets) to the administration of the State for the purpose of administration or

the subsequent release of the creditor,



(d) the provision or withdrawal) of the Manager of this property and, where appropriate, of

his reward,



(e)) for the sale of those assets or a part thereof pursuant to § 13 para. 3,



(f)) a rare use of the property, which is subject to international sanctions,

or part of it, within the meaning of § 9, or, under the conditions laid down in the

the applicable legislation of the European communities,



(g)) about the release of the assets within the meaning of § 11 (1) 5, or



(h)), it is not an asset, subject to international sanctions,

If



1. the owner or the fact the legitimate holder of the proven

showing



2. such a fact arising from the investigation of the Ministry,



3. such property is proven to be worthless or has a slight

value, or



4. international sanctions related to it has been cancelled.



(2) the Ministry within 30 days of receipt of the notification referred to in § 10

paragraph. 1 shall communicate to the notifier, whether the asset is considered to be the property of the

subject to international sanctions, if in this period unless the

referred to in paragraph 1 (b). a), b), c), (g) or (h)).) This time limit may be

justified cases extended.



(3) the breakdown against the decision referred to in paragraph 1 (b). a) to (d))

suspensory effect. Degradation against the decision referred to in paragraph 1 (b). (e))

You can withdraw a suspensory effect, in the case of property which is subject to destruction.



(4) the enforceability of the decision against which the decomposition does not have suspensory

effect or which has been excluded, the suspensive effect of decomposition occurs on the date of

his delivery of the last of the parties, which are the one whose

the proposal was decided, and the one who has the assets to which they relate

international sanctions, with you, or the person who issued it, or who was

withdrawn. In the case of risk of delay to the decision against which

the decomposition does not have suspensory effect, or with which the suspensory effect of degradation

excluded, to declare orally; in that case, occurs the enforceability of

the decision from the moment of its official publication.



(5) in a proceeding in matters covered by this law shall follow the procedure referred to in

Code of administrative procedure, unless this Act provides otherwise.



(6) the credentials of the staff of the Ministry shall exercise the activities referred to in

This Act demonstrates the staff ID card.



(7) a person to whom the property is situated, for which the Ministry conducted

investigation on request, communicate to the Ministry in the period prescribed by it all

information about this property and, where appropriate, of other

facts related to and about people that have a relationship to the

This property or is in any way involved in dealing with it.

At the request of the Ministry submit documents on this property, persons or

other facts related to this property, or to allow

access by authorized employees of the Ministry.



(8) For failure to fulfil obligations referred to in paragraph 7, the Ministry of the save

fined up to 100 000 CZK. Won a penalty may be imposed and

repeatedly, if the obligation has not been met, even after the previous save

the fine. The sum of the following by the fines imposed shall not exceed the amount of

500 000 CZK. Won a penalty is State budget revenue.



section 13 of the



The Administration issued or withdrawal of assets



(1) the Administration issued or withdrawal of assets for the duration of the international

sanctions or to the time of its release to the creditor provides Ministry

If not stated otherwise. In respect of this property is the Ministry of

entitled to all acts and all the proceedings with his administration

related and which was entitled to its owner.



(2) The costs associated with the management of priority shall apply

acquisitions and income from assets issued or withdrawal during his administration;

If not, you can, if it is not possible, another solution, to cover such

the cost to use the proceeds from the sale of property or its part in the necessary

the range.



(3) where it is necessary under the circumstances to preserve the values of the

assets, the Ministry will decide on the sale, which is subject to

international sanctions, or parts thereof; the proceeds from such sale is after

the duration of the sanctions, the property, which is subject to international sanctions.



(4) the Ministry leads issued or seized from the property in the separate financial

records and performs its inventory.



(5) in the management of State assets has issued or the Ministry in particular

the obligation to safeguard this asset properly and care for its conservation,

effectively and efficiently manage it, protect it from damage,

destruction, loss, theft or misuse, and to claim in a timely manner

compensation for damage and the release of the subject of unjust enrichment, to protect it

by continuously monitors whether debtors on time and properly fulfil their obligations, and

in particular, the timely application of and enforcement of rights which otherwise pertain to

owner, the lender or holder of the securities, prevent prescription

or termination of such rights. The Ministry is authorised to enter into

as a landlord agreement to provide things for consideration to the use of

associated with the Treaty on the subsequent transfer of ownership of the subject, close

contract for the sale of the company or its branches, set up this

asset pledge or encumber immovable property material burden, or

perform the transfer rights belonging to the State-issued or

asset.



(6) the Administration issued or withdrawn



and) of radioactive substances and radioactive waste carries out storage management

radioactive waste,



(b)) of tobacco products carries the State agriculture and food

the Czech trade inspection or inspections,




c) individuals (specimens) flora and fauna shall be exercised by the Ministry of

of the environment,



(d)) of weapons, ammunition and explosives shall be exercised by the Ministry of Interior.



(7) the Ministry may, depending on the nature and extent of the things and rights, which are

issued or seized from the property, to instruct his Administration Office for the representation

of the State in matters of equity.



(8) if the issued or State-asset management exercise

the Ministry or agency responsible for referred to in paragraph 7, the Department shall assign

Depending on the nature of the asset performance management organizational folder

State.



(9) the management cannot be issued or withdrawal of assets carried on

the Ministry, the body authorised under paragraph 7 or organizational

component of the State referred to in paragraph 8, the Ministry may conclude a contract of

performance management assets issued or withdrawal with a person doing business in

the relevant field. The content of such a contract must be the amount of the remuneration for the performance of

and management arrangements on liability for damage caused to the managed

assets at the time of the performance of his administration, otherwise the contract is invalid.



(10) the Decision of the Ministry of the provisions referred to in paragraph 7 of the administrator

or 8, or under paragraph 9 contract arises in Manager

relation to the issued or odňatému property representation

owner at all actions or proceedings with his administration related

and that would be entitled to its owner. Extent of such privileges to

representing the owner of the Ministry in the decision or agreement

Edit. The activities of the administrator duties, and limitations referred to in paragraph 5

apply, mutatis mutandis; in its activities the administrator controls whether or not the instructions

of the Ministry.



§ 14



The collection of information and data



(1) the Ministry is to fulfill the purpose of this law shall be entitled to

process information including personal information. Personal data are processed and

without the consent of the data subject, with regard to the protection against unauthorized

intrusion into his private and personal life.



(2) the public authorities including territorial self-governing units

the exercise of State administration to provide to the Ministry at its request

information, including personal data of managed information

systems. Information obtained under this Act may make use of the Ministry

In addition to fulfilling its purpose only for the purpose of combating money laundering

Crime ^ 7).



(3) the Ministry is provided for the performance of the score from this

law



and from the base) a reference population register,



(b)) of the agendového information system of population register data on

inhabitants,



(c)) from the information system data on aliens, aliens



(d)) from the registry of social security numbers on the natural persons who have been

assigned a social security number, but they are not kept in information systems

referred to in subparagraphs (a) (b)), or (c)).

From the data provided can be used in a particular case only such

data, the use of which is necessary in a given case.



(4) If this enables the technical condition, provides the Ministry of the Interior

the Ministry of information referred to in paragraph 3, in electronic form only

manner allowing remote access.



(5) the information collected in the performance of duties under this Act,

keeps the Ministry after the period strictly necessary to fulfill its purpose.

This information can provide only on an adequate scale, in accordance

with permission according to § 16 para. 3.



(6) the activities under this Act and to the fulfillment of its purpose

the Ministry uses the information from the register, which is designed to carry out

obligations under special legislation on measures against

the legalization of the proceeds of crime.



(7) the Ministry is authorised to lead the information obtained in implementation of this

the law in an information system under the conditions which it lays down special

the law ^ 8). For this purpose, shall be authorised to bring together information gathered by the

This law with information collected under a special legal

Regulation on measures against the legalization of proceeds of crime in the

a single information system. The Ministry does not provide, on request, in accordance with

such a law, a report on the information that is stored in the

information system kept under this Act, if the

jeopardise the performance of tasks under this Act.



(8) if the Ministry of facts that justify the suspicion that

crime has been committed, shall give the notification referred to in the criminal procedure code, and at the same time

authority of a law enforcement agency shall provide all the information and evidence on the

them, which is available when the notification relates to.



(9) the Ministry to fulfill the purpose of international sanctions works

in particular, when passing and retrieving information in the scope of

the international treaty, which the Czech Republic is bound, or on the basis of

reciprocity with foreign authorities with the same or similar material

competence in the field of international sanctions. Under the conditions that the information

will be used only for the purposes of this Act, and shall enjoy the

at least in the scope of protection of this Act provided, the Ministry

cooperate with international organizations.



§ 15



Review



(1) the State authorities, in whose scope includes the performance of checks,

check in the exercise of their jurisdiction, whether or not the fulfilment of the obligations under this

the law; in other cases, checks the fulfilment of the obligations under this

the law Ministry. When the findings of weaknesses, in particular violations of the

obligations under this Act, shall transmit to the national authorities to

the sanctions proceedings in matters relating to its material scope

The Ministry of trade and industry, in other cases to the Ministry, and

further with them in such proceedings.



(2) the Czech National Bank checks the fulfilment of the obligations under this

the law for persons subject to its supervision, and in a range of activities,

over which such persons shall exercise supervision.



section 16 of the



Obligation of secrecy



(1) employees of the Ministry and the authorities referred to in paragraph 15 shall be required to

maintain confidentiality of the action taken under this Act and the

information gained in its implementation. The obligation of

confidential under this Act has the one who in the context of

the investigation carried out by the Department familiar with the information obtained on the

the basis of this Act.



(2) the obligation of secrecy the persons referred to in paragraph 1 shall not cease

the end of employment or other relationship to the body referred to in section

15.



(3) the confidentiality obligations under paragraphs 1 and 2 shall not

be relied on against



and the authority of the law) in criminal proceedings, if the proceedings concerning an offence

related to the application of international sanctions or with terrorism,

or in the case of compliance with the reporting obligations relating to the

such an offence,



(b) the public prosecutor's Office) in the exercise of its competence ^ 9),



(c)) the Government authority responsible for the application of the control system

When passing information relevant to the fulfilment of the obligations under the

special legislation on the control of imports and exports of goods and

technologies subject to international control regimes,



d) exercising control under section 15,



e) Court in a civil or administrative litigation disputes

concerning a claim arising out of this Act,



(f)) to the person who could make a claim for compensation for material damage

caused by the procedure under this Act, in the case of subsequent communications

grounds for the application of such a claim; in this case,

However, you can restrict the relevant information or communication thereof to defer until

the time when their grant cannot compromise the fulfillment of the purpose of this

the law,



(g) the competent foreign authority) when passing the data used to

to achieve the objectives laid down in this law, unless it's separate legal

prescription does not prohibit



(h) the intelligence service) of the United States in granting

information relevant to the fulfilment of its tasks, or



even the financial arbiter deciding) under a special legal

the regulation in dispute the claimant against the institution.



(4) where a Ministry notification according to § 14 para. 8 may, within the meaning of

paragraph 3 (b). e) or (f)) to provide information to the authorized only with the

the consent of the competent authority participating in criminal proceedings.



PART FIVE



ADMINISTRATIVE OFFENCES



§ 17



Misdemeanors



(1) a natural person has committed the offence by



and violates the restriction or prohibition) as set out in sections 5 to 8 of this Act,



(b)) breaks the restrictions or prohibition laid down in the applicable legislation directly

Of the European communities, which specifies the international sanctions within the meaning of section 2 of the

(a). (c)),



(c) fails to comply with the notification requirement) section 10 (1). 1,



(d)) shall be treated with the property, which is subject to international sanctions, in

contrary to the provisions of § 11 (1) 1, or



e) breach of an obligation of professional secrecy pursuant to § 16 para. 1.



(2) for the offense referred to in paragraph 1 (b). ) to c) can impose a fine of up to 4

000 000 CZK.



(3) for the offense referred to in paragraph 1 (b). (d) impose a fine to a can) 500 000

CZK, for the offense referred to in paragraph 1 (b). (e) impose a fine to a can) 200 000

CZK.



section 18



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur ^ 10) is guilty of an administrative

tort by



and violates the restriction or prohibition) as set out in sections 5 to 8 of this Act,




(b)) breaks the restrictions or prohibition laid down in the applicable legislation directly

Of the European communities, which specifies the international sanctions within the meaning of section 2 of the

(a). (c)),



(c) fails to comply with the notification requirement) section 10 (1). 1, or



(d)) shall be treated with the property, which is subject to international sanctions, in

contrary to the provisions of § 11 (1) 1.



(2) an administrative offence referred to in paragraph 1 (b). ) to c) saves a penalty

to 4 000 000 CZK or confiscation.



(3) for the administrative offence referred to in paragraph 1 (b). (d)), fined up to 500

000.



(4) If a legal entity or individual entrepreneur administrative tort

referred to in paragraph 1 (b). ) to c) acquired for himself or for another

the benefit of more than 5 000 000 Czk, or caused damage in excess of 5

000 000 Eur or other particularly serious result, saves her a fine up to 50

000 000 CZK.



§ 19



Forfeiture of things



(1) the forfeiture of things for the administrative offence under section 18 may be save if

the thing belonging to the offender



and) for committing an administrative offense under § 18 taken or intended, or



(b)), pursuant to section 18 of the administrative crime obtained or acquired as a matter of this

the administrative tort obtained.



(2) confiscation of the things can be stored in addition to the fine or even separately, if

due to the nature of the administrative offense committed by such sanctions appear to be

as sufficient.



(3) forfeiture of things cannot be saved, if the value of the case in a prominent

disproportionate to the nature of the committed the administrative offence.



(4) the owner of a forfeited things becomes a State.



Common provisions on administrative offences



section 20



(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) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

to the extent, importance and threatened foreign policy or

the security interest of the State.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 3 years from the date on which it

learned, but not later than 10 years from the day when it was committed.



(4) The liability for the acts, which took place in the business

person ^ 10) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(5) pursuant to this Act shall be assessed whether or not an administrative offense that committed

Czech person abroad if it violated the restriction or prohibition that

has under this Act or the regulation directly applicable European

the community, which is done by a common position or joint action

taken pursuant to the provisions of the Treaty on European Union relating to the common foreign

and security policy.



(6) administrative offences dealt with under this Act, the Ministry of

industry and trade, if the application of international sanctions, which have been

or it could be an administrative crime compromised includes foreign trade with

military material or of the European communities for the control mode

exports of dual-use goods and technologies. Otherwise an administrative offence under the

This Act shall be discussed by the Ministry.



(7) the proceeds of the fines is income of the State budget of the Czech Republic.



section 21



Provisions of this Act, except section 4 to 8 shall apply in the case of

the restrictions or prohibitions laid down by a regulation directly applicable European

the community, which is done by a common position or joint action

taken pursuant to the provisions of the Treaty on European Union relating to the common foreign

and security policy, from the date of application of this regulation.



PART SIX



FINAL PROVISIONS



section 22



(1) this Act shall not prejudice the provisions of the special legal

the regulations on foreign trade with military material and on the implementation of

the scheme of the European communities for the control of exports of goods and technologies

dual-use items.



(2) this Act does not affect the obligation of the central bodies of the State

Administration and the Czech National Bank to promote within its material scope

fulfilment of obligations arising from international sanctions, or their

the obligation to act within its jurisdiction in the relevant professional

international bodies. If such negotiations or from international

sanctions results in the need to issue in the context of the mandate under this Act

Government Regulation concerning their substantive scope, work together to

its preparation with the Ministry.



Article 23 of the



A mandate



(1) the Government may by regulation provide for the adjustment of procedures to fulfill the provisions of the

regulations of the European communities, pursuant to section 2 (a). (c)).



(2) the Ministry shall issue a decree details the way the performance of the

reporting obligations and establishes the model certificate under section 12 of the staff regulations,

paragraph. 6.



section 24



Shall be repealed:



1. Act No. 48/2000 Col., on measures in relation to the Afghan movement

The Taliban.



2. Act No. 98/2000 Col., on the implementation of international sanctions for the maintenance of

international peace and security.



3. Act No. 4/2005 Coll., on certain measures in relation to Iraq

Republic.



4. Government Regulation No. 164/2000 Col., on measures in relation to the Afghan

the Taliban movement.



5. Government Regulation No. 327/2001 Coll., on further measures in relation to the

the Afghan Taliban movement.



6. Decree-Law No. 334/2001 Coll., on measures against certain citizens

Federal Republic of Yugoslavia.



7. Decree-Law No. 170/2003 Coll., on measures in relation to Iraq

Republic.



§ 25



The effectiveness of the



This Act shall take effect on the first day of the month following the date on

its publication.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.



1) for example, Council Regulation (EC) No 2580/2001 of 27 April 2001. December 2001 on

specific restrictive measures directed against certain persons and

entities with a view to combating terrorism, as amended, regulation

Council Regulation (EEC) no 3541/92 of 7 December. December 1992, prohibiting the

claims of Iraq in respect of contracts and business operations,

the performance of which was affected by Security Council resolutions

the United Nations, 661 (1990) and resolutions relating thereto, regulation

Council Regulation (EEC) No 3275/93 of 29 June. November 1993 prohibiting the

performance claims relating to contracts and transactions, the implementation of which would

prejudice to the UN Security Council resolution 883 (1993) and resolutions, with her

related, Council decision No 94/366/CFSP of 13 June 2005. June 1994 on the

the common position defined by the Council on the basis of article j.2 of the Treaty on

The European Union, which prohibits the satisfaction of the claims referred to in

paragraph 9 of Security Council resolution by the United Nations.

757 (1992), Council Regulation (EC) no 1733/94 of 11 July. July 1994 relating to the

the prohibition on claims relating to contracts and transactions, the

the execution was affected by United Nations Security Council resolutions

Nations 757 (1992) and the related resolutions, Council Regulation (EC) No.

2488/2000 of 10 July. November 2000, which keeps freezing

resources related to Slobodan Milosevic and persons associated with him,

Council Regulation (EC) No 881/2002 of 27 June 2002. May 2002 establishing

specific restrictive measures directed against certain persons and entities

associated with Usama bin Laden, the Al-Qaeda and Taliban, Council regulation

(EC) No 147/2003 of 27 November 2003. January 2003 concerning certain restrictive

measures in respect of Somalia, the Council Regulation (EC) no 1210/2003 of 7 November 2003.

July 2003 concerning certain specific restrictions on economic and

financial relations with Iraq and repealing Regulation (EC) no 2465/96,

Council Regulation (EC) no 1727/2003 of 29 September 2003. September 2003 concerning certain

restrictive measures against the Democratic Republic of the Congo, regulation

Council Regulation (EC) No 131/2004 of 26 March 2004. January 2004 concerning certain restrictive

measures against Sudan, Council Regulation (EC) No 234/2004 of 10 February 2004. February

2004 concerning restrictive measures against Liberia, the Council Regulation (EC) No.

314/2004 of 19 March 2004. February 2004 concerning certain restrictive measures in respect of

Zimbabwe, Council Regulation (EC) no 798/2004 of 26 March 2004. April 2004 laying

renewing restrictive measures against Burma/Myanmar and repealing

Regulation (EC) No 1081/2000, Council Regulation (EC) No 872/2004 of 29 April 2004.

April 2004 concerning further restrictive measures in relation to Liberia.



2) Act No 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws, as amended.



3) section 18 of Act No. 40/1964 Coll., the civil code, as amended by Act No.

513/1991 Coll.



4) Act No. 72/1994 Coll., on the sale and export of objects of cultural value,

in the wording of later regulations.



5) Law No. 20/1987 Coll. on State heritage preservation, as amended

regulations.



6) Act No. 121/2000 Coll., on the protection of the collections of the Museum of the nature and amending

certain other acts, as amended.



7) Act No. 61/1996, on certain measures against the legalization of the proceeds

of crime, as amended.



8) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended.



9) § 42 of Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by

Act No. 266/1994 Coll.



section 66 paragraph 1. 2 Act No. 150/2002 Coll., the administrative court rules.



10) § 2 (2). 2 of the commercial code, as amended by Act No. 85/2004 Sb.