Exports And Imports Of Goods Document. For Capital Punishment Or Torture

Original Language Title: Exports And Imports Of Goods Applicability. For Capital Punishment Or Torture

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66533&nr=38~2F2008~20Sb.&ft=txt

38/2008 Sb.



LAW



of 17 December. January 2008



concerning the export and import of goods that could be used for imprisonment

death, torture or other cruel, inhuman or degrading treatment or

punishment, and the provision of technical assistance related to such goods,

and amending the Act No 634/2004 Coll., on administrative fees, as amended by

amended



Change: 281/2009 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



CONCERNING THE EXPORT AND IMPORT OF GOODS THAT COULD BE USED FOR IMPRISONMENT

DEATH, TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR

PUNISHMENT, AND THE PROVISION OF TECHNICAL ASSISTANCE WITH THE FOLLOWING ITEMS RELATED



§ 1



The subject of the edit



This law regulates the following on directly applicable provision

^ 1) of the European Communities (hereinafter ' the Council regulation ')



and) the rights and obligations of persons in the export and import of goods, which could

be used for the execution of the death penalty, torture or other cruel, inhuman or

degrading treatment or punishment, and that is defined by Council regulation

(hereinafter referred to as "goods"), and in the provision of technical assistance as defined in

Regulation of the Council (hereinafter referred to as "technical assistance"),



(b) the performance of State Administration) related to the authorisation and control of the export and

imports of goods and the provision of technical assistance.



§ 2



The scope of the



The Ministry of trade and industry (hereinafter referred to as "the Ministry")



and decides on the issue of authorization) for export or import of goods or for the issue of

authorisations for the provision of technical assistance,



(b)) works with the competent authorities of the European communities and

the Member States of the European Union.



§ 3



The application for authorisation



The request for the issue of a permit for export or import of goods and a request for release

authorisations for the provision of technical assistance shall be submitted on the form, which is

listed in the annex to this Act; the Ministry also makes available form

in a manner enabling remote access.



§ 4



Decision on the application



(1) on the basis of an application under section 3, the Ministry shall decide in accordance with the

Regulation of the Council.



(2) in the case of export of goods listed in annex III of the Council regulation

the Ministry also decides, in accordance with the binding opinion of the

The Ministry of Foreign Affairs.



§ 5



(1) the Ministry permits to export goods, or to the provision of technical

assistance to the third country if



and) was released on the basis of incorrect or incomplete information, the



(b)) have not been met the conditions specified in the authorization, or



(c) state the final destination of goods) or the technical assistance has stopped providing

sufficient to guarantee that the goods will not be used to pursue the death penalty,

torture or other cruel, inhuman or degrading treatment or

punishment, including judicial corporal punishment, carried out by

law enforcement authority, or any person or entity.



(2) the Ministry may permit the export of goods or the provision of

technical assistance to third countries to change or cancel, if

the circumstances under which it was granted.



(3) the Ministry of the validity of the permit to export goods or to provide

technical assistance be suspended for the period strictly necessary to investigate whether

the conditions are not fulfilled for its amendment or repeal.



(4) the Permission lapses



and the implementation of the export or import) the total quantity of the goods referred to in the

the authorization,



(b)) the provision of technical assistance in the scope specified in the permit,



(c)) the expiry of its validity.



(5) Submission of degradation against the decision referred to in paragraphs 1 to 3 does not

suspensory effect.



§ 6



Obligations of exporter and importer



(1) an exporter or importer of the goods shall be entered in the customs declaration number

the rules permit.



(2) the holder of the authorization to export or import goods is obliged to immediately

notify the Department of exportation or importation of goods, certified

the Customs Office on the authorisation, or the fact that the authorization was for a period of

his force used.



(3) if the Ministry of the permit shall provide the exporter of the goods is required to

within 30 days from the day following the date on which the export

made, submit proof of shipment authorization issued by the competent

authority of the State of final destination, confirming receipt of goods in this State.



section 7 of the



Obligations of the holder of the authorisation for the provision of technical assistance



The holder of the authorisation for the provision of technical assistance is required to promptly

to inform the Ministry about the form and extent of technical assistance provided

or about the fact that the authorization was not used for the duration of its validity.



§ 8



The Customs Office



The implementation of the export or import of the goods, the Customs Office shall certify on the warrant.



§ 9



Supervision



(1) supervision over compliance with the obligations laid down in the Council regulation and in

This act carried out by the Customs Office.



(2) at the request of the Ministry, the Customs Office shall verify the facts

referred to in the application for authorisation.



(3) the Directorate-General of customs duties leads to security performance monitoring

record made the export and import of the goods and the record of the administrative

offences related to it, and it's broken down in accordance with the issued permit. About

the information in this register shall notify the Ministry. The Customs authorities shall keep such

the evidence according to its territorial scope.



Administrative offences



§ 10



Administrative delicts of legal entities and natural persons-entrepreneurs



(1) Legal or natural person established by the administrative

tort by



and) contrary to the article. 3 to 5 of the Council regulation takes up the item, or



(b)) in breach of article. 3 or 4 of the Council regulation will provide technical assistance,

or



(c)) in the application for authorisation referred to in § 3 shall indicate the incorrect information, or submit a

counterfeit, altered or invalid documents

.



(2) the Legal or natural person, operating as the exporter committed

the administrative tort by



and) contrary to the article. 9 (2). 3 Council regulation to export goods without having to

such exports have been fulfilled the conditions laid down in the permit to export goods,



(b)) in contravention of section 6 (1). 2 notifies made the export of goods, or that the

authorisation, or missed



(c)) in contravention of section 6 (1). 3 do not submit proof of verification of delivery.



(3) a legal or natural person, operating as importer commits

the administrative tort by



and) contrary to the article. 9 (2). 3 Council regulation takes the goods without having to

such imports has satisfied the conditions laid down in the authorization to import goods,

or



(b)) in contravention of section 6 (1). 2 notifies made the importation of goods, or that the

the authorization did not use.



(4) the Legal or natural person, operating as the holder of the authorisation to

the provision of technical assistance, committed misconduct by



and) contrary to the article. 9 (2). 3 Council regulation will provide technical assistance,

without the fulfilment of the conditions laid down in the authorisation for the provision of

technical assistance,



(b)) in contravention of section 7 does not inform the Ministry about the form and extent of the

provided technical assistance or that the grant of the permit

technical assistance did not use.



(5) for the administrative offence to a fine or forfeiture of things stored in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)

paragraph 2 (a). and paragraph 3 (b)). and)



(b)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)) and

paragraph 4 (b). and)



c) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)),



d) 800 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (c)) and

paragraph 4 (b). (b)),



e) 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (b)) and

paragraph 3 (b). (b)).



(6) the forfeiture of things can be saved even in addition to fines.



§ 11



Misdemeanors



(1) a natural person has committed the offence by



and) contrary to the article. 3 to 5 of the Council regulation takes up the item, or



(b)) in breach of article. 3 or 4 of the Council regulation will provide technical assistance,

or



(c)) in the application for authorisation shall submit inaccurate or falsified,

amended or invalid documents.



(2) a natural person who committed the offence as the exporter, by



and) contrary to the article. 9 (2). 3 Council regulation to export goods without having to

such exports have been fulfilled the conditions laid down in the permit to export goods,



(b)) in contravention of section 6 (1). 2 notifies made the export of goods, or that the

authorisation, or missed



(c)) in contravention of section 6 (1). 3 do not submit proof of verification of delivery.



(3) a natural person who committed the offence as the importer that



and) contrary to the article. 9 (2). 3 Council regulation takes the goods without having to

such imports has satisfied the conditions laid down in the authorization to import goods,

or



(b)) in contravention of section 6 (1). 2 notifies made the importation of goods, or that the

the authorization did not use.



(4) a natural person as holder of an authorisation for the provision of technical

help the offense committed by



and) contrary to the article. 9 (2). 3 Council regulation will provide technical assistance,

without the fulfilment of the conditions laid down in the authorisation for the provision of

technical assistance,



(b)) in contravention of section 7 does not inform the Ministry about the form and extent of the

provided technical assistance or that the grant of the permit

technical assistance did not use.



(5) for the offense, you can save the forfeiture or penalty to the



10 0000 0000 Czk), if the offence referred to in paragraph 1 (b). and)

paragraph 2 (a). and paragraph 3 (b)). and)



(b)) 10 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). (b)) and

paragraph 4 (b). and)



c) 5 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). (c)),



d) 800 000 Czk in the case of the offence referred to in paragraph 2 (a). (c)) and paragraph

4 (b). (b)),
e) 500 000 CZK in the case of an offense referred to in paragraph 2 (a). (b)) and paragraph

3 (b). (b)).



(6) the forfeiture of things can be saved even in addition to fines.



§ 12



Common provisions in administrative deliktům



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the manner in which it was committed and its consequences

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

It has commenced the management of administrative authority within 2 years from the date of its

committing the learned, but not later than 5 years from the day when it was committed.



(4) administrative offences at first instance dealt with the Customs Office. The Customs Office

competent to hear administrative tort may refer to

discussion of the Customs Office in whose area it is situated, where appropriate,

place of business of the legal person or the place of business or residence

a natural person is suspected, that the administrative offence committed.



(5) The liability for the acts, which occurred when the business physical

person ^ 2) or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(6) the Fines collected and enforced by the authority, which is saved. Income from fines is

income of the State budget.



(7) the forfeiture of things can be saved if the goods or thing used to

technical assistance was



and) to commit misconduct used or intended



(b)), the administrative deliktem obtained, or



(c)) acquired as a matter of administrative deliktem obtained.



(8) the owner of the things referred to in paragraph 7, the propadnutých becomes a State.



Common provisions



section 13



To secure the implementation of this law, the Ministry may request from

State authorities the opinion to the individual requests and information about the

applicants for authorisation, including information about their business, if

subject to the export or import of the goods, or the provision of technical

help. The State authorities are obliged to issue an opinion, if

specific legal provisions does not prevent ^ 4) within the time limit of 20 days from the receipt of the request

or, by agreement with the Ministry within a reasonably extended.



§ 14



Permits are not transferable and do not cross the legal successor.



PART THE SECOND



The amendment to Act No 634/2004 Coll., on administrative fees, as amended by

amended



§ 15



In the annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005

Act No. 361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll.

Act No. 553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll.

Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.

Act No 130/2006 Coll., Act No. 137/2006 Coll., Act No. 137/2006 Coll.,

Act No. 161/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.

Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No. 227/2006 Coll.

Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.

Act No. 106/2007 Coll., the Act No. 261/2007 Coll. and Act No. 269/2007

Coll., for an item following item 105, 105a, including notes

footnote No 64a reads:



Item 105a



The granting of the authorization to export or import goods

or the provision of technical assistance to be awarded

under special legislation ^ 64a) $ 500



64A) Act No. 38/2008 Coll., concerning the export and import of goods, which could be

used for the execution of the death penalty, torture or other cruel, inhuman or

degrading treatment or punishment, and the provision of technical assistance with

This item, and on the amendment of Act No 634/2004 Coll., on administrative

fees, as amended.



Council Regulation (EC) no 1236/2005 of 27 June. June 2005 by trading with

certain goods which could be used for capital punishment, torture,

or other cruel, inhuman or degrading treatment or punishment. ".



PART THE THIRD



The EFFECTIVENESS of the



section 16 of the



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.



Annex 1



Application for permit to export or import goods, and to provide technical

help



1) Council Regulation (EC) no 1236/2005 of 27 June. June 2005 concerning trade

in certain goods which could be used for capital punishment, torture,

or other cruel, inhuman or degrading treatment or punishment,

as amended.



2) § 2 (2). 2 of the commercial code.



4 for example, Act No.) 153/1994 Coll., on the intelligence services of the Czech

Republic, as amended, and Act No. 154/1994 Coll., on

The security intelligence service, as amended.