Amendment Of The Act On Insurance And Funding Export With State Support

Original Language Title: změna zákona o pojišťování a financování vývozu se státní podporou

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80312&nr=230~2F2013~20Sb.&ft=txt

230/2013 Sb.



LAW



of 21 April 2004. June 2013



amending the Act No. 58/1995 Coll., on insuring and financing exports

with State support and supplement of Act No. 166/1993 Coll., on the highest

the inspection authority, as amended, as amended

the laws of the



Parliament has passed the following Act of the Czech Republic:



Article. (I)



Act No. 58/1995 Coll., on insuring and financing export State

support and supplement of Act No. 166/1993 Coll. on the Supreme Audit

the Office, in the wording of later regulations, as amended by law No. 60/1998 Coll.

Act No. 188/1999 Coll., Act No. 280/2002 Coll., Act No. 377/2005 Coll.

Act No. 23/2006 Coll. and Act No. 293/2009 Coll., is hereby amended as follows:



1. In article 1, paragraph 4 reads:



"(4) Dorovnáváním interest differences for the purposes of this Act, means the

calling the difference between the agreed interest on fixed interest rates for

export credits granted by the Bank in accordance with the law

Of the European communities and the international rules governing State

supported export credits (hereinafter referred to as "international rules")

the maturity of at least two years and interest laid down on the basis of the six-month

interest rate of IBOR for the currency in which it is granted export credit

published by Reuters two working days before the beginning of the period

that call is made, and the Bank margin plus system

the exporter. The amount of the margin of the Bank shall lay down the system of the exporter, the Ministry of

Finance Decree. ".



2. Marking of Section 7a is inserted after the title "Calling of interest differences".



3. Section 7a including title:



"§ 7a



Inclusion into the system



(1) the request for the inclusion of an export credit interest to the calling system

differences associated with this export loan shall submit to the Bank the exporter to

the decision of the Ministry of finance through export insurance. In

request for the inclusion of an export credit interest to the calling system

the differences is the Bank, the exporter shall be obliged to indicate the



and the Bank's identification data) the exporter, the exporter, the importer and the importer's Bank,

If the beneficiary of the credit Bank of the importer; identification data means for

legal person, company or business name, identification number, if

granted, the subject matter of the business (activity), legal form and registered office and

natural persons first and last name, identification number, if assigned,

business activity (activities), place of residence and place of business



(b)) the subject and value of export and the country of final destination,



(c) export credit,) the amount of time the layout of its drawdown and repayment and whether

is the beneficiary of the credit, the importer, the importer or the exporter's Bank,



(d)), by which the interest premium interest rate agreed in the Treaty on

export credit exceeds a fixed reference interest rate floating

each month the Organization for economic cooperation and development on the day

the signing of the agreement on export credit or a valid on the date of the fixation of the interest

the rates of the Bank, the exporter and the consignee of the loan in the period up to 120 days before the

signing the contract of export credit and plus 0.20% a year,



e) statement that the export credit will be in accordance with international rules.



(2) requests for the inclusion of an export credit to the calling system

of interest, the Bank shall submit to the differences in the annex to the original or

certified copy of



and that the Declaration of the exporter) adhered to and will adhere to the Convention on the fight

against bribery of foreign public officials in international

business transactions,



(b) a declaration by the exporter that) is not listed on the publicly available lists

the exclusion led a group of the World Bank, the European Bank for

reconstruction and development, Asian Development Bank, the African Development Bank and the

The Inter-American Development Bank,



(c) a declaration by the exporter's Bank) that comply with and will comply with the Convention on the

the fight against bribery of foreign public officials in international

business transactions,



(d) a statement of the Bank) the exporter, that is not listed on the publicly available

the lists for the exclusion of a group led by the World Bank, the European Bank

for reconstruction and development, Asian Development Bank, the African Development Bank and the

The Inter-American Development Bank,



e) documents proving the identification information referred to in paragraph 1 (b). and)

and



f) indicative and declaration by the exporter that the indicative

the offer met; the indicative offer is understood to offer banks the exporter

addressed to the exporter, the importer or the importer's bank containing at least

the subject and the value of export and the country of final destination, the amount of export credit,

his form and time distribution of its drawdown and repayment and the amount of interest

surcharge referred to in paragraph 1 (b). (d)).



(3) the annex to the request for the inclusion of an export credit to the calling system

interest-rate differences must be in Czech or English language or must be

together with the annexes submitted their officially authenticated translation into Czech

the language. The documents referred to in paragraph 2 (a). and (d))) and the documents proving the

identification of persons established abroad referred to in paragraph 1 (b).

and the Bank, the exporter may submit) to together with the Treaty on the export

credit; about the Bank, the exporter is obliged to inform the Ministry of finance in the

request for the inclusion of an export credit interest to the calling system

the differences.



(4) the export insurance company after the control shall forward the request

The Ministry of finance, within 15 days from its receipt along with your

the opinion to fulfil the requirements of paragraphs 1 to 3 and the conditions laid down

international rules and to the inclusion of an export credit into the system

calling the interest differences. Export insurance company or Ministry

finance through export insurance company may invite pot exporter to the

supplement the incomplete applications, with the exception of the statement referred to in paragraph 2 (a).

and (d))) and the documents proving the identification data of the persons based in

abroad in accordance with paragraph 1 (b). and).



(5) the Ministry of finance will decide on the request within 30 days of referral to the

applications meeting the requirements of paragraphs 1 to 3 of the export insurance. On

the inclusion of an export credit into the system, calling the interest of differences is not

a legal claim. A decision on the inclusion of an export credit into the system

calling the interest differences effect the delivery of originals or

officially certified copies of the Treaty, the Treaty of export credit insurance

an export credit, the Declaration referred to in paragraph 2 (a). and (d))) up to, and documents

proving the identification information of persons established in foreign countries according to the

paragraph 1 (b). and if you have not), attached to the application, the Ministry of

Finance.



(6) if they are not originals or certified copies of the Treaty, on export

credit and export credit insurance, delivered to the Ministry of

Finance within 6 months from the date of delivery of the decision on the classification of the export

credit into the system, calling the interest to the Bank, the exporter, the differences

a decision on the inclusion of an export credit interest to the calling system

the differences already cannot take effect.



(7) the Bank, the exporter shall present the export insurance company contract for export

the loan within 15 days of its conclusion. Export insurance company shall forward the

The Ministry of Finance of export credit agreement without undue delay after the

the conclusion of the contract of export credit insurance, together with the Treaty on the

export credit insurance, and with their opinion, to meet the conditions

entry into force of the decision on the inclusion of an export credit into the system

calling the interest differences. A contract for the export of the loan must be in

Czech or English language. The Bank, the exporter shall provide, without undue

delay, on the basis of the challenges of Ministry of finance officially certified translation

export credit contracts into the Czech language.



(8) the Ministry of Finance shall send the decision on the classification of export credit to

calling system of interest differences to the Bank, the exporter and the export

the insurance company. After the entry into force of the decision on the inclusion of export credit

calling into the system of interest differences shall inform the Ministry of finance

the Bank, the exporter and the export insurance company about this fact. The Bank, the exporter

shall notify the Ministry of finance through export insurance company first

drawing of an export credit not later than 7 days from the date of the first drawdown.



(9) The decision of the Ministry of finance for the inclusion of an export credit to

calling system of interest differences not covered by the administrative code with

exception of the provisions concerning the counting of time and the provisions on the service.



(10) the request for the inclusion of an export credit interest to the calling system

the differences referred to in paragraph 1, the Declaration referred to in paragraph 2 (a). (f)),

opinion on export insurance undertakings referred to in paragraph 4 and the opinion of the export

insurance undertakings referred to in paragraph 7 may only be made on a form issued by the

The Ministry of finance, or on the print output from a computer printer,

who has the information, the content and the arrangement of the data matching with this form. In

the forms can only request the information necessary for the inclusion of an export

credit to the system calling for interest differences. ".



4. in Section 7a, the following new section 7b to 7 d, including the following titles:



"§ 7b



Implementation of calling



(1) the condition calling for interest differences



and export credit) compliance with international rules,



(b)) the negotiation of a fixed interest rate of export credit,
(c) export credit risks) insurance the export insurance company and



(d)), the fact that the exporter is not a foreign company.



(2) the function of a payment and settlement system calling agent

interest-rate differences provides export Bank. The Ministry of finance

each year, provides export Bank for the payment of interest-calling

differences in the financial resources in the form of the advance in the amount of 250 0000 0000 Czk.

Falls above the advance payments in respect of call of interest differences

below the amount of CZK 100 0000 0000, the Bank is entitled to request the export

The Ministry of finance in the amount of CZK 250 0000 0000 call. The Ministry of

Finance raises deposit within 20 days from the receipt of the application export Bank.

The Ministry of finance, the Bank converts the export amount in excess of 250 000

USD surplus arising from interest-rate differences within 20 days from the date on which the

the balance of the advance exceeds the amount 500 0000 0000 Czk. The amount transacted

The Ministry of finance in respect of the excess interest income differences

the State budget.



(3) the exporter shall present the export Bank insurance company request for a call

interest rate differences, or notification of the transfer of the surplus of interest differences,

within 15 days after the expiry of 6 months from the date of the first disbursement of export credit

and at regular six-month intervals, drawing on or after

drawing of an export credit and repayment period on a regular

six-month intervals from the first day of the repayment period of an export credit

until full repayment of the export credit.



(4) in the event of a surplus of interest differences is the Bank, the exporter

required to convert this surplus of payment and clearing agent by

paragraph 2, always within 15 days from the date of dispatch of the notification on the transfer of surplus

interest-rate differences. In the case of the claim of the Bank of the exporter to call

interest-rate differences of export insurance company grants an export Bank to

payment of interest differences, so that the interest paid to differences 30

days from the receipt of the call of interest differences.



(5) Export insurance company shall inform the Ministry of finance no later than

end of the following calendar month on the applications of the Bank about exporter

call for interest differences of the notifications of the Bank, the exporter of the transfer

the surplus of interest differences and on the submitted payment orders for payment

interest-rate differences for the last calendar quarter.



(6) if the exporter fails to comply with a time limit for the Bank surplus

interest rate differences, is required to reimburse the special account referred to in paragraph 2

a penalty of 1 per mille of the amount due for each day of delay, not more than

However, up to the amount owed.



(7) the Ministry of Finance shall determine by Decree the calculation method for calling

interest-rate differences. Request for interest differences and call notification

the transfer of the surplus of interest differences referred to in paragraph 3 and the notification of export

insurance undertakings referred to in paragraph 5 may only be made on a form issued by the

The Ministry of finance, or on the print output from a computer printer,

who has the information, the content and the arrangement of the data matching with this form. In

the forms can only request the information necessary for the calling

interest-rate differences.



§ 7 c



Change and control



(1) the Bank, the exporter is required to notify the Ministry of finance

through export insurance change in the conditions of drawing or

export credit and repayment in the facts referred to in the application for

the inclusion of an export credit into the system of interest differences in calling 15

days from the effective date of the change.



(2) the export insurance company after the control shall forward the notification

The Ministry of finance, within 15 days of its receipt, along with your

the opinion to change. If the Treasury amendment,

shall issue within 30 days of the referral notice from export insurance new

a decision on the inclusion of an export credit interest to the calling system

differences and at the same time cancels the previous decision on the classification of the same

an export credit into the system calling for interest differences. The Ministry of

Finance sends a new decision on the classification of export credit to the system

calling the bank interest differences of the exporter and export insurance company.

The Ministry of finance in the opposite case, within the same period, notify the Bank

exporter of their opposition to the change. In the case of a change of only in

reduction in the amount of the loan, the Ministry of finance with such change

always agree, and the Ministry of finance will issue within 30 days of referral to the

notice from the insurance company's decision to export the new inclusion of the export

credit into the system at the same time calling for interest differences and cancels the

the present decision on the classification of the same export credit into the system

calling the interest differences. The Ministry of finance will send a new

a decision on the inclusion of an export credit interest to the calling system

differences to the Bank, the exporter and the export insurance.



(3) without the prior consent or subsequent approval by the Ministry of

Treasury in implementing the calling of interest differences be taken into account to

a change in the terms of repayment of the export credit.



(4) for the requirements of the Bank, the exporter notification pursuant to paragraph 1 and for the

How to export insurance and the Ministry of Finance shall apply mutatis mutandis to Section 7a.



(5) the Ministry of Finance carries out the control of compliance with the conditions and

the obligations laid down in this law, international rules and

a decision on the inclusion of an export credit interest to the calling system

the differences. The Bank, the exporter is required to submit to the Ministry of Finance on the

the basis of his documents proving compliance with these terms and conditions and

duties.



(6) the notice of the Bank, the exporter under paragraph 1 and the opinion of the export

insurance undertakings referred to in paragraph 2 may only be made on a form issued by the

The Ministry of finance, or on the print output from a computer printer,

who has the information, the content and the arrangement of the data matching with this form. In

the forms can only request the information necessary for the calling

interest-rate differences.



§ 7 d



The disposal of the system



(1) the Ministry of finance may, in proceedings to decide on the disposal of the export

the loan from the system of interest differences if calling



and exporter's Bank) significantly violates the obligations laid down in this

by law, international rules or a decision on the inclusion of export

credit to the system calling for interest differences; for the infringement of an essential

obligations shall be considered, in particular, failure to comply with obligations under section 7 c of paragraph 1. 1,



(b)) export credit to meet the requirements of this Act or of the international

the rules; in the case of amendments to the international rules of the Ministry of finance

First, ask the Bank to the exporter, within a reasonable time, it

The Ministry of Finance shall determine, in accordance with export credit

international rules,



(c) export credit is not drawn) at least 50% within the time limit referred to in the application for

the inclusion of an export credit into the system calling for interest differences,



(d) the exporter's Bank) stated in the request for the inclusion of an export credit into the system

calling the interest differences in the application of the call of interest differences

or in the notice of the transfer of the surplus of interest differences of incomplete or

false information, or



(e)) significant change in the conditions of drawing or repaying the loan without

the prior consent of the Ministry of finance.



(2) the proceeding is initiated on the date, when the Ministry of Finance announced the initiation of the

the management of the Bank to the exporter. The notification shall contain a description of the facts, in

that the Finance Ministry sees the reason for the disposal of an export credit

calling from the system of interest differences. The only party to the proceedings is

the Bank, the exporter.



(3) the exporter's Bank and its agents have the right to access to the file, and it even

in the event that the decision took effect. The Ministry of finance is

obliged to give the Bank the option of the exporter, that before a decision could

comment on his background and the way their findings, as appropriate,

suggest additions. The supporting documents for the issuance of the decision may be

in particular, the administration of the Bank, the exporter, the evidence, the facts known to the Ministry of

Finance from the official activities, documents from other administrations or

public authorities, as well as the facts generally known. Range and method

the survey data for the decision specifies the Ministry of finance.



(4) if the Ministry of finance Finds a reason for the disposal of an export credit

calling from the system of interest differences, control the resolution of the stops.



(5) the system of disposal of interest differences calling the Ministry of

the Treasury decided by decision. The decision shall contain a statement

justification and lessons on decomposition. Operative part of the decision in the case with

specifying the provisions of the law, according to which the decision was made. In

justification of the decision of the Ministry of finance indicate that fact

they were the basis of the decision, such considerations are kept in the guest

the evidence and the law, on the basis of which the decision.

The lesson of the decomposition contains an indication that the Bank against a decision may

the exporter to lodge the decomposition, in what period of time, to which the authority and where can

the decomposition of the lodge.



(6) the decision to take effect, if it has been notified to the Bank, the exporter and the

Unable to bring against him. The decision, which took effect, is
binding for the Bank, the exporter and all administrative authorities. The Ministry of

Finance sends the decision after its acquisition of the effectiveness of the export insurance.



(7) within 15 days from the date of notification of the decision of the Ministry of finance can be

against him lodged with the Ministry of finance, dithering. On the decomposition of decided

the Minister of finance. In the period is not counted the day of notification of the decision.

The deadline for submissions is maintained, if the last day of the period

made at the Ministry of finance, or if it is proven to be made

postal consignment containing corruption. In time brought on corruption has suspensory

effect. As a result of the efficiency of the suspensive effect of degradation does not occur

decision.



(8) to the new realities and to the proposals on the implementation of the new evidence,

referred to in the degradation or decomposition in the course of proceedings, taking into account only

When it comes to such facts or evidence that the exporter's Bank

could not apply before. If the Bank argues of the exporter, that it was not possible to

to make the proceedings conducted by the Ministry of Finance of the Act, must be

This action made together with decomposition.



(9) if the Minister of finance considers that the contested decision is

in conflict with the law or that the contested decision is incorrect,

Cancel and return to the Treasury Department for reconsideration. In

the justification of this decision by the Minister of finance the legal opinion, which

the Ministry of finance in the new consideration of the case.



(10) if the Minister of finance does the reason for the procedure under paragraph 9,

the decomposition of rejects and the contested decision.



(11) the decision of the Minister of Finance shall become effective, if the

notified to the Bank, the exporter.



(12) after the Elimination of the export credit interest rate from the system of calling

the differences could save the Treasury Bank exporter of obligation

payment and settlement agent as set out in section 7b, paragraph. 2 a fine of up to

to the amount paid by the Bank to the exporter as to call interest rate differences

the date on which it was one of the reasons mentioned in paragraph 1. It

does not apply, if there is to be scrapped on the grounds that export credit ceased to comply with the

international rules as a result of their amendments adopted after inclusion of

an export credit into the system calling for interest differences.



(13) The decision on decommissioning of an export credit of the calling system

interest-rate differences not covered by the administrative code, with the exception of the provisions on

counting time and provisions on service. ".



Article. (II)



This Act shall take effect on the date of its publication.



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