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.
Němcová in r.
Zeman in r.
Samantha r in r.
