On The Implementation Of The Law On Foreign Trade With Military Material

Original Language Title: o provedení zákona o zahraničním obchodu s vojenským materiálem

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77696&nr=210~2F2012~20Sb.&ft=txt

210/2012 Sb.



DECREE



of 13 October. June 2012



on the implementation of certain provisions of Act No. 38/1994 Coll. on foreign

trade in military materials



85/2014: Sb.



48/2015: Sb.



The Ministry of industry and trade, in agreement with the Ministry of foreign

Affairs, Ministry of defence and the Ministry of the Interior shall be determined according to § 33

Act No. 38/1994 Coll., on foreign trade with military material and on the

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

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

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

Act No. 220/2009 Coll. and Act No. 248/2011 Coll., to implement section 5 para.

3, § 9 para. 3, article 15, paragraph 2. 6, § 17 para. 1, section 20 (2). 4 and § 23 paragraph 1.

4:



§ 1



The subject matter of the legislation



This Decree incorporates the relevant provisions of the European Union ^ 1) and

modifies the



and the list of military goods)



(b) a list of the major military equipment),



c) patterns of extradition requests authorization to perform foreign trade with

military material,



d) patterns of applications for grant of a license,



(e) information on the use of) the scope of the license,



f) model application for issue of the certificate.



§ 2



List of military material



List of military equipment provided for in annex 1 to this notice.



§ 3



List of major military equipment



A list of significant military material is given in annex 2 to this

the Decree.



§ 4



Model application for authorisation



(1) an application for authorisation for a legal entity is given in annex No.

3 to this notice.



(2) an application for authorisation for a physical person is given in annex No 4

to this Decree.



§ 5



Patterns of applications for licensure



(1) a model application for grant of a licence to a legal person for export and import

military goods outside the European Union is given in annex No 5

to this Decree.



(2) a model application for grant of license to purchase military equipment and its

the subsequent sale to a non-Member State of the European Union is

listed in annex 6 to this Ordinance.



§ 6



A range of information on the use of license



A range of information on the use of licence is set out in Appendix 7 to this

the Decree.



§ 7



Model application for issue of a certificate



Model application for issue of the certificate is given in annex 8 to this

the Decree.



§ 8



Regulation (EEC)



Decree 332/2009 Coll., on the implementation of certain provisions of law No.

38/1994 Coll., on foreign trade with military material and

Act No. 455/1991 Coll., on trades (Trade Act),

in the wording of later regulations, and Act No. 140/1961 Coll., the criminal code,

in the wording of later regulations, as amended, is hereby repealed.



§ 9



The effectiveness of the



This Decree shall enter into force on 30 April 2005. June 2012.



Minister:



Mudr. Cuba in r.



Annex 1



List of military material



SVMe 1



Smooth-bore weapons with a calibre of less than 20 mm, other arms and

automatic weapons with a calibre of 12.7 mm (calibre 0.50 inches) or less,

accessories and specially designed components therefor:



a. rifles and combined firearms, short firearms, machine guns,

machine guns and other automatic weapons;



b. smooth-bore weapons:



1. smooth-bore weapons specially designed for military use;



2. other smooth-bore weapons, as follows:



a. automatic weapons;



b. of the semi-automatic weapon or weapon system pump action (with sliding

the forend);



c. weapons using caseless ammunition and non-lethal weapons

paralyzing an electric pulse with a newly-developed ejection contacts (tasery);



d. removable cartridges of ammunition, muffler, special

mountings, shock absorber optical sights and a flame for weapons listed

in paragraphs 1 and SVMe), 1 (b)) and SVMe SVMe 1 c).



Note 1: Section SVMe 1 does not apply to:



a. firearms specially designed for school (inert) ammunition and

deactivated guns, which have been made to such irreversible modifications,

that prevent their use to fire;



(b) firearms, specially designed to discharge projectiles with no attached

explosives explosives or without communication link over a distance of

not exceeding 500 m;



c. weapons using Rimfire ammunition, which are not

Automatic;



d. revolvers and pistols in addition to automatic, designed and approved for sale

in the Czech Republic by the Czech generally binding legal regulation,

so at the same time, mutatis mutandis, for sale in the country of importation, even if they were originally specially

designed or modified for military use, and specially

designed components therefor, if these components are not fit for

pistols and revolvers other than referred to in this note. It

does not apply if the end user to be the armed forces,

safety councils and other bodies involved in the implementation and indirectly

the tasks of the external or internal security of the State.



Note 2: point 1 and SVMe) does not apply to:



a. rifles and combined firearms manufactured earlier than 1938;



b. replica rifles and combined firearms whose originals

were made before the year 1890;



c. short firearms, firearms and automatic machine guns manufactured

before the year 1890, and their reproductions;



d. rifles or short firearms specially designed for shooting

inert projectiles using compressed air or CO2.



Note 3: point 1 b) SVMe 2 does not apply to weapons specially designed to

the ouster of inert projectiles using compressed air or CO2.



Note 4: point SVMe 1 b) does not apply to:



a. smooth-bore weapons manufactured earlier than 1938;



b. smooth-bore weapons, the originals of which were manufactured

a year ago, 1890;



c. smooth-bore weapons used for hunting or sporting purposes.

These weapons must not be intended specifically for military use, or

It may not be automatic;



(d). smooth-bore weapons specially designed for the following purposes:



1. the slaughter of domestic animals;



2. narkotizace of the animals;



3. seismic testing;



4. Firing projectiles or industrial



5. disruption of improvised explosive devices (IEDS).



Link: Disruptors see section SVMe 4 and item 1A006 on the list of EU goods

dual-use items.



Note 5: Section 1 d) SVMe does not apply to optical weapon sights without

electronic image processing with a maximum magnification of 9násobným, if

not specially designed or modified for military use, or if the

do not have a built-in reticle specially designed for military use.



SVMe 2



Smooth-bore weapons with a calibre of 20 mm, other arms and armament with a calibre

greater than 12.7 mm (calibre 0.50 inches), projectors and accessories, and

also specially designed components therefor:



a. guns, howitzers, Cannon, mortars, anti-tank weapons, rocket launchers,

military flame throwers, recoilless rifles, rifles, weapons with a smooth

-bore and their suppression effects when fired;



b. smoke, gas and pyrotechnic throwers or generators specifically

designed or modified for military use;



c. weapons sights and mounts for weapon sights having all of the

the following properties:



1. specially designed for military use;



2. specially designed for weapons referred to in point 2 and SVMe)



d. handles and detachable magazines of ammunition specially designed for weapons

referred to in point 2 and SVMe)



Note 1: Section SVMe 2 and) includes injectors, metering devices,

storage tanks and other specially designed components for use with

hydraulic drive for any of the charges referred to in section SVMe

2 a).



Note 2: Section 2 and SVMe) does not apply to the following weapons:



a. rifles, smooth-bore weapons and combined firearms

manufactured earlier than 1938;



(b) replica rifles, weapons. smooth-bore firearms and combined

weapons, the originals of which were manufactured before the year 1890;



c. Cannon, howitzers, cannons and mortars produced before the year 1890;



(d). smooth-bore weapons used for hunting or sporting purposes.

These weapons must not be specially designed for military use, or

It may not be automatic;



e. smooth-bore weapons specially designed for the following purposes:



1. the slaughter of domestic animals;



2. narkotizace of the animals;



3. seismic testing;



4. Firing projectiles or industrial



5. disruption of improvised explosive devices (IEDS).



Link: Disruptors see section SVMe 4 and item 1A006 on the list of EU goods

dual-use items.



f. manual launchers specially designed to discharge attached

the projectile without explosives explosives or communication link over a distance of

not exceeding 500 m.



Note 3: point SVMe 2 b) does not apply to signal pistols.



SVMe 3



Ammunition and lighters, and specially designed components therefor:



a. ammunition for the weapons referred to in points 1, 2 SVMe SVMe and SVMe 12;



b. specially designed for the lighter ammunition referred to in point 3 and to the SVMe).



Note 1: the special Components by specifying referred to in point 3 shall include SVMe:



a. metal or plastic parts, such as anvils matches, coats

missiles, ammunition belts, Rotary tanks and munitions metal parts;




b. lock-off device, the locking and lighters, sensors and initiation

equipment;



c. energy sources with high one-time operational output;



d. combustible cartridge case;



e. submunitions including pumiček, small mines and missiles with the end.



Note 2: point SVMe 3) does not apply to:



a. training ammunition without missiles;



b. School (inert) ammunition with a pierced shell;



(c) additional training or school (inert) ammunition, which does not include components

designed for ammunition; or



d. components specially designed for training or school (inert) ammunition

referred to in (a)), b) and (c)) of this note 2.



Note 3: point 3 and SVMe) does not apply to ammunition specially designed for

purpose:



a. signalling;



b. scaring birds or



(c). zažíhání bearing gas leakage on oil wells.



Note # 4: point 3 and SVMe) does not apply to the hub and their components

designed and approved for sale in the Czech Republic by the Czech General

a binding act, at the same time, mutatis mutandis, for sale in the country

imports, even if they were originally specially designed or modified for

military use. This does not apply if the end user to be

the armed forces, security corps and other entities, involved in and

indirectly to the performance of the tasks of the external or internal security of the State.



SVMe 4



Cougars (air), torpedoes, rockets, missiles, other explosive

devices and charges and related equipment and accessories and components

specially designed for them:



Link 1: guidance and navigation equipment, see section SVMe 11.



Link 2: missile Protection Systems (AMPS) see point SVMe 4

(c)).



a. bombs, torpedoes, grenades, smoke bombs, rockets, mines, rocket

missiles, depth charges, demolition charges, demolition equipment,

demolition kits, "pyrotechnic" devices, cartridges and simulators (i.e..

equipment that mimics the properties of any of these items),

specially designed for military use;



(b) equipment that meets all of the following:



1. specially designed for military use;



2. specially intended for, activities ' related with anything from

Next:



a. articles in section 4 and SVMe); or



(b). improvised explosive devices (IEDS).



Technical Note:



For the purposes of point (b) of item 4 SVMe) 2, activities ' in the handling,

discharges, asking, control, batting, detonation, activation, power supply

one-time operational output, false guidance, cancellation, removal,

detection of distortion, or disposal.



c. missile Protection Systems (AMPS)



Note 1: Section 4 and SVMe) includes:



smoke grenades, and bombs, incendiary bombs lighting and explosive devices;



b. missile nozzle and front of the return of the modules.



Note 2: point SVMe 4b includes:



a. mobile gas liquefying capable of producing 1 000 per day

kg or more gas in liquid form;



(b). the floating electric conductive cables suitable for the removal of

magnetic mines.



Note 3: point SVMe 4 b) does not apply to handheld and Pocket

devices that are intended, limited to the detection of metal objects

and they are not able to distinguish mines from other metal objects.



Note 4: point SVMe 4 c) does not apply to AMPS that meet all of these

requirements:



and if it has any of these warning sensors;



1. passive sensors with a maximum sensitivity of between 100 and 400 nm; or



2. active warning sensors using pulsed Doppler detection;



b. systems výmetnic decoys;



c. infrared decoy (flares), which use both a visible,

so the IR signal to fool missiles of the type "ground-to-air" and



d. AMPS built into "civil aircraft" and that meet all of these

requirements:



1. AMPS is functional only in the specific "civil aircraft", in which it is

This particular AMPS built and which has been issued:



a. the civil type certificate; or



(b). like the document recognized the international civil

Aviation Organization (ICAO)



2. AMPS uses to prevent unauthorized access protection to "software"

and



3. in the active mechanism is built into the AMPS, that system does not allow

work after removing it from the "civil aircraft", in which it was installed.



SVMe 5



Fire control equipment and the associated alarm and warning

equipment, and related systems and routing devices and test and

resources and countermeasures equipment, specially designed for military

use, and parts and accessories specially designed for them:



a. weapon sights, ballistic computer targeting systems

artillery equipment and weapon control systems;



b. systems used to detect or indicate the objectives to determining

distance, observing or monitoring objectives; devices for search,

processing of captured data, recognition or identification; and equipment

to collect data from sensors;



c. equipment for countermeasures for items subject to point 5 and SVMe)

or SVMe 5 (b));



d. field test or routing device designed specifically for items

referred to in points 5 and SVMe), 5 (b)) or SVMe SVMe 5 c).



Note: for the purposes of SVMe 5 c) countermeasures equipment includes

equipment for the search.



SVMe 6



Ground vehicles and components therefor:



Link: guidance and navigation equipment, see section SVMe 11.



a. ground vehicles and components therefor, specially designed or modified

for military use;



Technical note



For the purposes of point 6, and includes SVMe) designation of land vehicles, for example,

trailers and semi-trailers.



b. other ground vehicles and components therefor:



1. Vehicles that meet all of these conditions:



a. have been manufactured or fitted with materials or components are

providing ballistic protection level III (NIJ 0108.01, September 1985,

button is clicked. comparable national standard) or better;



b gearbox is driven by both the front and the rear axle at the same time,

including vehicles with additional axles for load-bearing purposes with or without drive

the actuator;



(c) the gross weight of the vehicle exceeds. 4 500 kg, and



(d) the vehicle is designed or modified for use in the field outside the ground

communication;



2. components that meet all of these conditions:



a. are specially designed for the vehicles referred to in paragraph 6 (b)) SVMe 1 and



b. provide ballistic protection level III (NIJ 0108.01, September 1985,

button is clicked. comparable national standard) or better.



Link: see also section 13 and SVMe).



Note 1: Section 6 and SVMe) includes:



a. tanks and other military armed vehicles and military vehicles fitted with

medium weapons or equipment for laying of mines or firing ammunition

in accordance with section 4; SVMe



b. armoured vehicles;



c. amphibious vehicles and vehicles capable of deep wading;



d. recovery vehicles and vehicles for towing or transporting

ammunition or weapon systems and associated handling equipment for

loading and unloading.



Note 2: the adjustment of ground vehicle for military use according to section

SVMe 6) means the construction, electrical or mechanical

parts of the vehicle that is used, one or more of the designated

specially designed for military use. Such components include:



and cladding of the tyres specially designed as a body;



(b) armoured protection of vital parts, (e.g. fuel tanks

or vehicle cabs);



c. Special reinforcement or supports for the location of the weapons;



d. exterior lighting in the usually invisible part of the spectrum.



Note 3: point SVMe 6 does not apply to civilian vehicles designed or

modified for transporting cash or valuables.



Note 4: point SVMe 6 shall not apply to vehicles which comply with all the

the following conditions:



a. it was made before 1946;



b. do not contain the items specified in the EU common military list

produced after 1945, with the exception of the replica of the original components, or

accessories and



c. do not carry weapons referred to in points 1, 2 SVMe SVMe or SVMe 4, unless the

such weapons are not serviceable and are not capable of the shooting.



SVMe 7



Chemical or biological toxic substances, "the Suppression of the riot"

radioactive materials, related equipment, components and materials:



a. biological agents or radioactive materials "adapted for

the use of war "so that the casualties in humans or animals,

degrade equipment or damage crops or the

environment:



b. combat chemicals, including:



1. CW nerve agents:



a. O-alkyl (C10 including about < =-cykloalkyl)-alkyl (methyl, ethyl, n-propyl

or i-propyl) phosphonofluoridates, such as:



sarin (GB): O-isopropyl-methylfosfonofluoridát (CAS 107-44-8) and activist

(GD): O-(3.3-dimethybutan-2-yl) methylfosfonofluoridát (CAS 96-64-0);



b. O-alkyl (C10 including about < =-cykloalkyl)-N, N-dialkyl (methyl, ethyl,

n-propyl, or i-propyl) fosforamidokyanidáty, e.g.:



tabun (GA): O-ethyl-N, N-dimethylfosforamidokyanidát (CAS 77-81-6);



c. O-alkyl (H or = C10, including about