213/2011 Sb.



LAW



of 21 June 1999. June 2011



on the prohibition of the use, development, production, Stockpiling and transfer of cluster munitions

and its destruction (law on the prohibition of cluster munitions)



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



This Act regulates the obligations of natural and legal persons

related to the prohibition of the use, development, production, storage and transfer of

cluster munitions laid down for the implementation of the Convention on cluster munitions (

"the Convention").



§ 2



The ban on cluster munitions



(1) it shall be prohibited to use cluster munitions or its parts.



(2) unless otherwise provided in this Act, it shall be prohibited



and develop and produce) cluster munitions, or its components,



(b)), acquire, possess, hold, store and collect cluster munitions

or its components,



(c)) transfer cluster munitions or its parts and do business with them,



(d) assist, encourage or) forcing anyone to deal with prohibited

the activities referred to in paragraph 1 or to the letter a) to (c)).



(3) it shall be prohibited to use and transfer the patent rights for the production of cassette

ammunition or its components and rights to the patents on the manufacturing processes

intended for the manufacture of cluster munitions or its components.



§ 3



Enabled handling of cluster munitions



Czech Republic represented by the Ministry of defence (hereinafter referred to as

"the Ministry") may acquire, possess or transfer to another

Contracting Party to the Convention necessary quantities of cluster munitions for the purpose of

development or training, search techniques, the removal or destruction

cluster munitions and to develop a resource against cluster munitions.



§ 4



The destruction of cluster munitions



(1) the Ministry within a period of 8 years from the date of entry into force of this

the law shall ensure the destruction of all cluster munitions located on the territory of the

The Czech Republic; This does not apply in the case of cluster munitions under section 3.



(2) legal or entrepreneurial natural persons may, with the consent of the

the Ministry of for 8 years from the date of entry into force of this Act, hold

and to store cluster munitions, which the Ministry provided for the purpose of

its destruction referred to in paragraph 1.



§ 5



Administrative offences of legal or natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

offense that violates any of the prohibitions laid down in § 2.



(2) for the administrative offence referred to in paragraph 1 shall be fined up to 50 000 000

CZK.



§ 6



Forfeiture of things



(1) for the administrative offence under section 5 (3). 1 you can at the same time with a fine save

confiscation, if the thing belongs to legal or entrepreneurial natural

person of the administrative offense committed, and if this case was the



and) for committing an administrative offense taken or intended,



(b)), or obtained the administrative tort



(c)) acquired as a matter of administrative tort obtained.



(2) the owner of a forfeited things becomes a State.



§ 7



Prevents things



(1) If no saved confiscation referred to in § 6 (1). 1, you can

decide that such a thing works, if



and a legal or business) belong to a natural person, that cannot be considered

administrative offence,



(b)) do not belong to a legal or entrepreneurial natural person

the administrative offense committed, or it does not belong in full, or



(c)) the owner is not known.



(2) the owner of the seized things becomes a State.



§ 8



Provisions common to administrative offences



(1) a legal entity or individual entrepreneur for the administrative offence

does not match, if it proves that made every effort, which was

may be required to prevent a violation of legal obligations.



(2) in determining the amount of the fine by a legal or natural person is active

taking into account the severity of the administrative offense, in particular, to the way its

having committed and its consequences, the duration and circumstances under which it was

committed.



(3) the liability of the legal entity or the entrepreneurial natural persons in administrative

offence shall cease, if the administrative authority about him has not initiated proceedings under 4 years

from the date of committing an administrative offense learned, but no later than

within 10 years from the date on which the administrative offence was committed.



(4) the administrative offence dealt with in the first instance by the Ministry.



(5) the Fines collected by the Ministry. Income from fines is the income of the State

the budget.



§ 9



Reporting obligation



The owners of patents for the manufacture of cluster munitions or its components and

the owners of patents on the manufacturing processes for the manufacture of cluster munitions

or its components are required to report this fact to the Ministry

within 90 days from the date of entry into force of this Act; If you have become

the owners of patents after the entry into force of this Act, within 90 days from the date of

When they became the owners of the patents.



§ 10



The effectiveness of the



This Act shall take effect on the date of entry into force of the Convention for the Czech

Republic.



Němcová in r.



Klaus r.



Nečas in r.