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.
