357/2004 Sb.



LAW



of 22 March. in May 2004,



amending Act No 38/1994, on foreign trade with military

the material and the addition of Act No. 455/1991 Coll., on trades

business (Trade Act), as amended by later regulations, and act

No. 140/1961 Coll., the criminal code, as amended by later regulations, as amended by

Act No. 312/2002 Coll.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 38/1994 Col., 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. 312/2002 Coll., is amended as follows:



1. In section 2 paragraph 1 reads:



"(1) Trade with military material for the purposes of this Act, the

the export of military equipment across the border from the United States on the territory of the

Member States of the European Union, as well as other countries, imports

military equipment across the border into the United States from the Member States

The European Union, as well as other States, dealing with the military

the material abroad, including the Member States of the European Union,

as well as the implementation of commitments to foreign osobám1) and receiving transactions from

foreign persons, whose subject is the military material referred to in section 5 of the

paragraph. 3. ".



2. In article 2 (2). 2, the words "of persons entitled under this Act"

be deleted and the words "and advertising" shall be replaced by the words ", advertising and

intermediation activities ".



3. under section 12, the following paragraph 12a is inserted:



"§ 12a



(1) trade with military material may also be carried out on behalf of the United

States Department of Defense or the Ministry of the Interior, if necessary

because of the provision of defence and security, the United States, has decided to

about the Government, and if the other party is a different State. The decision of the

the Government replaced by a permit issued by the Ministry in accordance with § 6.



(2) the decision of the Government referred to in paragraph 1 shall include the



organizational folder) of the State, its name and address,



b) full name and social security number of the persons authorized for the organizational folder

State Act,



(c)) the identification of the foreign contractual partner



(d) the subject of the contract)



e) basic conditions for the conclusion of the contract to trade in military

material,



(f)), in which time is to be carried out trade with military material.



(3) changes to the information referred to in paragraph 2 shall be subject to the approval of the Government. ".



4. In paragraph 13, the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (f)), which read as follows:



"(f)) in the case referred to in section 12a of the decision of the Government.".



5. in article 14, the following paragraph 3 is added:



"(3) the Ministry of defence or the Ministry of the Interior, which are entitled to

to carry out trade with military material, asking for a license on the basis, in

the extent and under the conditions laid down in the decision of the Government under section 12a and

comply with the obligations of legal entities under section 15 to 22, with the exception of § 15

paragraph. 2 (a). (d)) and § 16 para. 2 (a). (b)). The Ministry will grant

These licenses to the extent of the Government's decision pursuant to section 12a paragraph 1. 2. ".



6. In paragraph 17, the dot at the end of paragraph 1 shall be deleted and the words "and shall be in

If its use in the last calendar quarter shall send

the Ministry in this date a copy of the licence, if the records of the customs

authorities. Accuracy and completeness of information on the use of the licence commits

the signature of the person authorized to act on behalf of the legal person. ".



7. paragraph 21, including footnote No. 3a):



"section 21



Legal person which has been granted the license to allow export or

to import military equipment from the territory or in the territory of the Czech Republic (hereinafter referred to

"the licensee"), and in the case of such trade with military

the material, where the foreign contractual partner, or the end user does not have

registered office in a Member State of the European Union, is required to control the allocation

Customs-approved treatment ^ 3a) to carry out and present the original of this

license at the locally competent Customs Office, based in the Czech Republic.



3A) section 102 of the Customs Act. ".



8. in paragraph 2 of article 23. 1, after the word "material" inserted before the parenthesis the words

"and with the Ministry of Defense or Ministry of Interior, which carried out

trade with military material under section 12a ".



9. in paragraph 23 of Section 23a is added to that, including the title reads as follows:



"§ 23a



The surveillance of the Customs authorities



(1) the Customs authorities shall ensure that the trade with military material

only legal entities, which have been granted an authorisation pursuant to

This law, and that it is carried out to the extent and under the conditions laid down

the relevant licenses.



(2) the customs authority in the exercise of supervision pursuant to paragraph 1 shall be entitled to call upon the

the licence holders to submit the original and write on the original

licence the particulars of the facts, which are related to its

the use of; writes to the licence shall affix the date of implementation of registration and information

clearly identifying the person who carried out the writing.



(3) if the Office finds that the trade with military material is not

carried out in accordance with this Act or other legislation or

the terms of the related licence, it shall immediately inform the

by the Ministry.



(4) for security surveillance referred to in paragraph 1 shall provide the Ministry of

The Directorate-General of customs duties to the extent strictly necessary licensing data

granted under this Act. The Directorate-General of Customs shall provide

the Ministry of information resulting from the activities of the Customs offices and related to

the use of licences issued under this Act. ".



Article II



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



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