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.