Amendment Of The Act On The System Of The Ec For The Control Of Exports Of Dual-Use Items

Original Language Title: změna zákona o režimu ES pro kontrolu vývozu zboží dvojího užití

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=72454&nr=343~2F2010~20Sb.&ft=txt

343/2010 Sb.



LAW



of 27 June. October 2010,



amending the law No 594/2004 Coll., implementing the European mode

community for the control of exports of dual-use goods and technologies, in

amended by Act No 281/2009 Coll., and Act No. 634/2004 Coll., on administrative

fees, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act implementing the scheme of the European communities for the

the control of exports of dual-use goods and technologies



Article. (I)



Law No. 594/2004 Coll., implementing the scheme of the European communities

for the control of exports of dual-use goods and technologies, as amended by law

No 281/2009 Coll., is amended as follows:



1. in the title of the Act is after the word "export" the words ", transport,

brokering and transit ", and the word" and "shall be deleted.



2. Footnote 1 is added:



"1) Council Regulation (EC) no 428/2009 of 5 May 1999. May 2009 laying

a Community regime for the control of exports, transfer,

brokering and transit of dual-use items ".



3. In article 1 (1). 1 (b). and), after the words "(hereinafter referred to as" dual-

use ")", the words "the provision of intermediary

^ 40) services related to dual-use goods and transit ^ 41) "and

the word "obligations" shall be inserted after the word "intermediaries ^ 42)".



Footnote # 40-42:



"40) Article. 2 section 5 of Council Regulation (EC) no 428/2009.



41) Article. 2 section 7 of Council Regulation (EC) no 428/2009.



Article 42). 2 section 6 of Council Regulation (EC) no 428/2009. ".



4. In section 1, the following paragraph shall be inserted after paragraph (2), including notes

footnote 43 reads as follows:



"(2) this Act regulates the



and) control of the provision of technical assistance related to certain

military end-use applications ^ 43),



(b) the rights and obligations of the parties), importing dual use goods to

Of the Czech Republic.



43) Council Joint Action 2000/401/CFSP of 22 December 2003. June 2000 on the

the control of technical assistance related to certain military final

use. ".



The former paragraph 2 becomes paragraph 3.



5. In section 1 (1). 3 the words "exporters of dual use goods" shall be replaced by

the words "of persons carrying out activities referred to in paragraphs 1 and 2".



6. In article 2 (2). 1, after the word "export" the words ", transport,

brokering and transit ".



7. In article 2 (2). 2, letter a) the following new subparagraph (b)) to (e)), which

shall be added:



"(b)) tells you if the export of dual-use will be required

the authorization,



c) tells you if to provide intermediary services related

dual-use goods will be required,



d) grants permission to provide intermediary services

related to dual-use goods (hereinafter referred to as "the authorisation to

the provision of intermediary services "),



e) decide on the prohibition of the transit, ".



Subparagraph (b)) to (f)) are known as the letters f) to (j)).



8. footnotes 3, 4, 9, 11 to 18, 20, 21, 23, 25 to 27 and 29

up to 34, including references to the footnote shall be deleted.



9. in section 2 (2). 2 (a). h) after the word "export" the words ",

transportation, brokering and transit ".



10. In section 2 (2). 2 (a). I), the words "(b)) to (d))" shall be replaced by "f) up to

(h)) ".



11. In paragraph 2 (2). 2 (a). j), the words "to exporters of dual use goods"

replaced by the words "to the persons mentioned in § 1 (1). 1 and 2 ".



12. the footnote # 5 reads as follows:



"5) Article. 3 (2). 1 Council Regulation (EC) no 428/2009. ".



13. Footnote 6 is added:



"6) Article. 4 (4). 1 to 3 of Council Regulation (EC) no 428/2009. ".



14. the footnote # 7:



"7) Article. 4 (4). 4 Council Regulation (EC) no 428/2009. ".



15. in section 3, paragraph 3. 1, point (d)) including footnote 8 is deleted.



Subparagraph (e)), and (f)) shall become points (d) and (e)).)



16. in section 3, the following paragraphs 3 and 4, including footnote

# 44:



"(3) the Authorization to provide brokering services are required

If



and) is provided for in the Council Regulation ^ 44),



(b) the provider shall notify the Ministry) that



1. dual-use goods not listed in annex I to Council regulation is or would

may be intended, in whole or part for use according to the article. 4 (4). 1

a Council regulation



2. dual use goods are or may be intended, in whole or

part for a military end use in the countries listed in the article. 4 (4). 2

Council regulation.



(4) if the exporter or broker suspected or if

due to the circumstances should have reasons to suspect that the dual-

use not listed in annex I to the Council regulation, which he intends to export

or to which it intends to provide brokerage services, is

whole or in part, for any of the uses referred to in article 3(1). 4 (4). 1

Regulation of the Council or for military end-use in countries referred to in

article. 4 (4). 2 Council regulation, is obliged to inform about this fact

the Ministry communicated, whether for export or to provide

intermediary services will be required.



44) Article. 5 (3). 1 Council Regulation (EC) no 428/2009. ".



17. in paragraph 5, the words "required" be replaced by "may be used".



18. in section 6 paragraph 2 reads as follows:



"(2) the exporter that it intends to export dual use goods on the basis of

one of the General export authorisations referred to in paragraph 4, shall be obliged to

before the first use of such an authorization in writing to register with

the State Department, including an indication of the General export permit number. ".



19. in section 6 (1). 3 the words "licence or trade licence

like "be deleted.



20. In paragraph 6 (1). 4, the word "does" is replaced with "confirm" and the number

"30" is replaced by the number "10".



21. in article 6, paragraph 7 shall be deleted.



The present paragraph 8 shall become paragraph 7.



22. In the heading of section 7, the word "and" is replaced by a comma and the following is added at the end

the words "and the authorization to provide brokering services".



23. in paragraph 7 (2). 1 the second sentence, the word "issue" is replaced by

"be drawn up in writing".



24. In paragraph 7 (2). 4, the word "and" is replaced by a comma and at the end of the text

paragraph 4, the words "and to enable it to provide

brokerage services ".



25. In section 8 paragraph 1 reads:



"(1) an application for an individual export permit or export summary

permit or authorization to provide brokering services serves

the exporter or broker to the Ministry on the prescribed form. ".



26. in § 8 para. 2 (a). (b)), the words "paragraph. 1 (b). (d)) "shall be replaced by

"paragraph. 4. "



27. in § 8 para. 3, the words ' the granting of individual export ' shall be deleted,

After the word "permit" with the words "under paragraph 1" and after the word

"partner" with the words "or by the intermediary and its

foreign partners ".



28. in § 9 para. 1 the words "on the granting or refusal of the individual

an export permit or a general export permit "shall be deleted.



29. in § 9 para. 2 (b)):



"(b)) in the period of 3 years preceding the application, or after submission

give the decision that the exporter has committed administrative

offense under § 17 para. 1 (b). a) to (f)) or according to § 18 para. 1 (b).

a) to (f)), ".



In § 9 para. 2, letter b) the following point (c)), which read as follows:



"(c)) in a period of 2 years prior to the application of the decision of the acquired

the fact that the exporter has repeatedly committed administrative offense under § 17

paragraph. 1 (b). g) to (i)) or according to § 18 para. 1 (b). (g) to (i))) ".



Subparagraph (c)) to e) shall become letters (d)) to (f)).



30. in § 9 para. 2 (a). (d)), the word "business" is deleted.



31. in § 9 para. 2 at the beginning of subparagraph (e)), the words "final

the user or ".



32. In section 9, the following paragraph 3 is added:



"(3) the Ministry authorization to provide brokering services

not be granted if the



and fulfil its obligations in accordance with provider) § 8 para. 1 to 3 and

a Council regulation



(b)) in the period of 3 years preceding the application, or after submission

give the decision that the provider has committed

the administrative offense under § 17 para. 1 (b). a) to (f)) or under section 18

paragraph. 1 (b). a) to (f)),



(c)) in a period of 2 years prior to the application of the decision of the acquired

the fact that the provider is repeatedly committed administrative offense under

§ 17 para. 1 (b). g) to (i)) or according to § 18 para. 1 (b). g) to (i)),



(d)) is justified by the foreign policy or security interests

The United States, and it is substantiated by the relevant Government Ministry

authorities, or



e) end user or end use indicated in the request does not guarantee

that dual use goods will not be used in conjunction with weapons

of mass destruction, missile systems capable of carrying such weapons, or

for a military end use. ".



33. In section 10, paragraph 1. 1 in the introductory part, the words ' the provisions of the summary

export permit "the words" or authorisations for the provision

brokerage services ".



34. In section 10, paragraph 1. 2, after the words "summary export permit ' shall be

the words "or authorization to provide brokering services" and


the words "for his" shall be inserted after the word "refusal".



35. In section 10, paragraph 1. 3, after the words "summary export permit ' shall be

the words "or authorization to provide brokering services" and the words

"(c)), and (d))" shall be replaced by the words "d) and (e)) and in § 9 para. 3 (b). (d)), and (e)) ".



36. In section 10, paragraph 1. 5, after the words "General export permit ' shall be

the words "or authorization to provide brokering services".



37. At the end of the heading to § 11 shall be added the words "and the provider".



38. In section 11 (1) 2, the word "validity" of the words "or the final

exports ".



39. In section 11 paragraph 4 is added:



"(4) the records, business documents and records concerning the export or supplied by

intermediary services shall be kept for at least 5 years from the

end of the calendar year in which the export took place or were

provided brokerage services. ".



40. in article 13, the following new section 13a and 13b, including title and

footnotes # 45 and 46:



"The transit of



§ 13a



(1) the Office shall ensure that in the event of transit of dual-

the use of non-Community goods, ^ 45) without regard to the rights of third

people, if there is reason to suspect that the goods are or may be

intended for use according to the article. 4 (4). 1 or 2 of the Council regulation, and shall

shall notify the Ministry. The imposition of these measures shall be notified

the Customs Office by word of mouth to a person who has a dual use goods trucked in

mode of transit.



(2) the person to whom it was announced measures to provide dual-

use referred to in paragraph 1, shall be obliged to release the goods to the Customs Office

or to ensure his release. If not immediately after the notification of this

measures the goods to customs, may be issued to the person who is carrying,

withdrawn. On the issue of the seized goods or withdrawal draws up a Protocol, in

where the quantity and description of secured goods. The Protocol shall be signed by

two customs officers and the person to whom it was issued or goods taken away. Any

rejecting the signing of that person shall be mentioned in the log. To the person who

products has released or that the item was withdrawn, the Office shall forward duplicate

Protocol.



(3) secured a dual use goods, the Customs Office may keep the person

that the goods were provided, and save her decision, that the goods shall not

use, alienate or otherwise dispose of it. Legal acts,

This ban was violated, are invalid.



(4) a person affected by storing the measures referred to in paragraph 1 May to 3

working days of its imposition to submit written objections to the customs

the Office, which is saved. The opposition do not have suspensory effect. The Director of the

the competent Customs Office shall decide on the objection without undue delay.

His decision is final. The written decision of objections shall be forwarded to

to the person concerned.



§ 13b



(1) the Ministry may decide to ban the transit in the case that



and Council regulation so provides) ^ 46), or



(b)), dual use goods, non-Community goods ^ 45) and that

not listed in annex I to Council regulation, is or may be intended,

in whole or part for use referred to in article 14(2). 4 (4). 1 Council regulation or

for military end-use in countries referred to in article 14(2). 4 (4). 2

Council regulation.



(2) against the decision of the Ministry to ban the transit cannot be made

decomposition. The decision of the Court is excluded ^ 24).



(3) the Ministry shall notify the legal force of the prohibition decision

transit, or that the decision to ban the transit shall not issue, it shall immediately

the customs authority which ensure the goods in accordance with § 13 para. 1.



(4) in the event that the Ministry will decide on the ban on transit, shall decide

the Customs Office which ensure the goods in accordance with § 13 para. 1 this item

It occupies, if not within 20 days from the date of the decision

on the prohibition of the transit of the goods met the requirements to allocate the customs-

an approved destination provided goods which are not goods

The community and the transit is prohibited. Customs-approved treatment

permissible for non-Community goods and the transit

disabled, other customs-approved treatment than the external transit procedure, and

placing of goods in a free zone or free warehouse.



(5) the owner of the goods seized referred to in paragraph 4 becomes a State.



Article 45). 2 section 13 of the Council Regulation (EC) no 428/2009.



Article 46). 6 (1). 1 Council Regulation (EC) no 428/2009. ".



41. In § 14 para. 2 the word "issues" shall be replaced by "in writing

be made out ".



42. In § 14 para. 3 the words "and in the manner laid down in the administrative regulations, with

except for the oral administration of ' shall be deleted.



43. In § 14 para. 6 (b)):



"(b)) in the period of 3 years preceding the application, or after submission

give the decision that the importer is guilty of an administrative

offense under § 17 para. 1 (b). a) to (f)) or according to § 18 para. 1 (b).

a) to (f)), ".



44. In § 14 para. 6 for the letter b) the following point (c)), which read as follows:



"(c)) in a period of 2 years prior to the application of the decision of the acquired

the fact that the importer has repeatedly committed administrative offense under § 17

paragraph. 1 (b). g) to (i)) or according to § 18 para. 1 (b). (g) to (i))) ".



Subparagraph (c)) to e) shall become letters (d)) to (f)).



45. In § 17 paragraph 2. 1 in the initial part of the provisions for the word "Legal"

the words "or active physical".



46. In § 17 paragraph 2. 1, point (b)) the following new subparagraph (c)), and (d)),

are added:



"(c)), violates the prohibition decision under section 13b transit



(d)) provide intermediary services related to goods of dual-

use without a valid permit, although a permit is required pursuant to section 3

paragraph. 3 or 4, or regulation, or to provide

intermediary services related to dual-use goods

It permits a false, falsified or altered ".



Subparagraph (c)) to (j)) are known as the letters e) to (l)).



47. In section 17(2). 1 (b). (e)), the words "(a). (f)) "shall be replaced by" subparagraph (a).

(e)) ".



48. In § 17 paragraph 2. 1 (b). (g)) before the words "§ 6 para. 2 and "

the words "§ 3 (1). 4. "



49. In section 17(2). 2 (a). and (d)), the word ")" is replaced by "f").



50. in § 17 paragraph 2. 2 (a). (b)), the word "e)" shall be replaced by "g)" and the word

"(j))" shall be replaced by the word "l)".



51. In § 17 paragraph 2. 3 in the introductory part, the words ' the provisions of the legal person,

that she committed an administrative offence, "are replaced by the words" perpetrators of the administrative

of the offence ".



52. In paragraph 17, the following paragraph 4 is added:



"(4) the owner of the goods referred to in paragraph 3 of the propadnutého becomes the State.".



53. In section 18 para. 1 the following new letters a) to (d)), which read as follows:



") and dual use goods from the territory of the community without a valid

authorisation, although a permit is required pursuant to section 3, paragraph 3. 1 or 4 or

Regulation of the Council, or to export it to enable a false, falsified or

as amended,



(b)) carries dual use goods from the territory of the Czech Republic on the territory of the

another Member State of the European Union without a valid permit, as is

the authorization required under § 3 para. 2 or section 13 or regulation,

or to transport it to enable a false, falsified or altered,



(c)) breaks the decision on the prohibition of the transit pursuant to § 13b



(d)) provide intermediary services related to goods of dual-

use without a valid permit, although a permit is required pursuant to section 3

paragraph. 3 or 4, or regulation, or to provide

intermediary services related to dual-use goods

It permits a false, falsified or altered ".



Letters and) to e) shall become letters (e)) to (i)).



54. In section 18 para. 1 (b). (e)), the words "(a). (f)) "shall be replaced by" subparagraph (a).

(e)) ".



55. In section 18 para. 1 (b). (g)) before the words "§ 6 para. 2 and 3 ' shall be

the words "§ 3 (1). 4. "



56. In section 18 para. 2, the words "and (b))" shall be replaced by "to f)", the word "c) '

shall be replaced by the word "g)" and the word "e)" shall be replaced by the word "i").



57. In § 19 para. 4, the words "legal persons and offences", the words

"a legal person or a misdemeanour" and the second sentence shall be deleted.



58. In paragraph 19, the following paragraph 8 and 9 shall be added:



"(8) the saved the confiscation of dual use goods under this

law, the customs authority decides that such goods are occupying, if



and) do not detect within sixty days from the date when the administrative offense came out clear,

the facts justifying the initiation of proceedings against a person,



(b)) perpetrators, which belongs to cannot be considered an administrative offence to prosecute, or



(c)) do not belong to the offender of the administrative offense or it does not belong completely and

If it takes the safety of persons or property or another General

interest.



(9) the owner of the seized dual use goods referred to in paragraph 8 shall

becoming the State. ".



59. In section 20 (2). 1, after the word "community" shall be replaced

"the provision of brokering services and transit" and after the word

"exporters", the words "or the intermediaries".



60. In section 20 (2). 4, after the word "enable" the words "or of the

the import certificate ".



61. In paragraph 21, after the words "non-transferable", the words "and do not cross

the legal successor of ".



62. section 22 shall be deleted.




63. section 24 of the title:



"§ 24



Powers of execution



The Government of the



and regulation) issues to implement section 7 (2). 4 and § 14 para. 9,



(b)) may issue regulations to implement section 3 (2). 1 (b). (d)) and § 5. ".



PART TWO



Amendment of the Act on administrative fees



Article. (II)



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

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

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. 159/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.

Act No 215/2006 Coll., Act No. 227/2006 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., Act No. 261/2007 Coll., Act No. 261/2007 Coll.

Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.,

Act No. 138/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.,

Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.,

Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No. 297/2008 Coll.,

Act No 301/2008 Coll., Act No. 309/2008 Coll., Act No 312/2008 Coll.,

Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No. 141/2009 Coll.,

Act No. 197/2009 Coll., Act No. 207/2009 Coll., Act No. 227/2009 Coll.,

Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No. 301/2009 Coll.,

Act No. 306/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Coll.,

Act No. 129/2010 Coll., Act No. 153/2010 Coll. and Act No. 160/2010

SB item 105 (a),. a), the words "and dual-use technologies ^ 64)"

shall be replaced by "dual-use items, or to provide intermediary

with such goods related services ^ 64) ".



Footnote # 64:



"64) Law No 594/2004 Coll., implementing the European mode

community for the control of exports, transfer, brokering and transit

dual-use items, as amended. ".



PART THREE



The EFFECTIVENESS of the



Article. (III)



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



Němcová in r.



Klaus r.



Nečas in r.