220/2009 Sb.
LAW
of 17 May. June 2009,
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
amended
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., Act No. 357/2004 Coll., Act No. 413/2005 Coll.
Act No. 296/2007 Coll., Act No. 124/2008 Coll. and Act No. 41/2009, Coll.,
is amended as follows:
1. sections 2 to 4, including footnotes 1-1f:
"§ 2
(1) Trade with military material for the purposes of this Act, the
and the export of military material from) the territory of the Czech Republic abroad,
including exports to other Member States of the European Union,
(b) the importation of military equipment) in the territory of the United States from abroad,
including imports from other Member States of the European Union,
(c) the purchase of military equipment from) a foreign person, the sale of the military
material foreign person "^ 1"), as well as the fulfilment of other obligations towards
foreign person and receive additional benefits from foreign persons,
the purpose of which is the military.
(2) Trade with military material means also
and mediation activities) referred to in paragraph 1,
(b) the purchase of military equipment) in foreign countries and its subsequent sale to the
other than the Member State of the European Union.
(3) for trade with military material for the purposes of this Act,
also considered to be a written declaration of will towards the conclusion of the contracts that
governing the relations referred to in paragraphs 1 and 2.
§ 3
(1) this Act does not apply to
and) exports, or dealing with military material outside the territory of the United
under the action of the armed forces of the Republic of the United States, security
^ Ward 1a) or the essential components of integrated rescue system
The United States ^ 1b) by international treaties by which it is
Czech Republic is bound, including the recovery of imports,
b) imports or dealing with military material in the territory of the Czech Republic
in connection with the action of the armed or emergency other
States, the United Nations and other international organizations
on the territory of the Czech Republic by international treaties, which
the Czech Republic is bound, including the recovery of exports,
c) export or disposal of military equipment outside the territory of the United
States for the purpose of providing humanitarian assistance or involvement in
international humanitarian rescue operations, including the recovery of
imports, if the decision about the Government, and under the conditions laid down by the Government,
d) imports or dealing with military material in the territory of the Czech Republic
in order to receive humanitarian aid, including re-export,
If the decision about the Government, and under the conditions laid down by the Government.
(2) this Act does not also apply to the provision of information, broadcasting and
recruitment of experts for the purpose of research, development, design, production,
modification, repair, maintenance, use and operation of military equipment within the
degree programmes accredited under a special legal
Regulation ^ 1 c) that are carried out by military high school.
§ 4
The subject of trade with military material must not be
and) weapons of mass destruction, which mean the nuclear, chemical and
biological weapons ^ 1 d)
(b)) the goods to which the provisions of special legislation
or the renowned international treaties by which the Czech Republic
bound, prohibiting the use, Stockpiling, production and transfer of
anti-personnel mines and requiring their destruction ^ 1e) and prohibiting the
or restricting the use of certain conventional weapons which may be
Excessively Injurious or to have indiscriminate effects can ^ 1f)
If famous for the international treaty, which the Czech Republic is bound,
provides otherwise.
1) § 21 para. 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
amended.
1A) Law No. 361/2003 Coll., on the service of members of the
security forces, as amended.
1B) Act No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended.
1 c) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (law on higher education), as amended
regulations.
for example, a contract for 1 d) nuclear non-proliferation, the renowned under no.
61/1974 Coll., Convention on the prohibition of the development, production, Stockpiling and use
of chemical weapons and on their destruction, known for under no 14/2009 Coll., m.
s., Act No. 19/1997 Coll., on certain measures connected with the
the prohibition of chemical weapons and amending and supplementing Act No. 50/1976 Coll., on the
land use planning and the building code (the building Act), as amended by
amended, Act 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
amended, the Convention on the prohibition of the development, production and Stockpiling of
of Bacteriological (Biological) and Toxin Weapons and on their
the destruction of declared under no. 96/1975 Coll., Act No. 281/2002 Coll., on
some of the measures related to the prohibition of Bacteriological
(Biological) and Toxin Weapons and on the amendment of the Trade Act, in the
as amended.
1E) Act No. 309/1999 Coll., on the prohibition of the use, Stockpiling, production and
transfer of anti-personnel mines and on their destruction and on the amendment of Act No.
140/1961 Coll., the criminal code, as amended by later regulations, as amended by
Act No. 41/2009 Sb.
1F) the Convention on Prohibitions or restrictions on the use of certain conventional weapons
which may be Excessively Injurious or to have indiscriminate effects,
under the famous No. 21/1999 Coll. ".
2. in § 5 para. 1 (b). and the word "especially)" shall be replaced by the words "or
customized "and the words" armed forces, armed security
wards and services "shall be replaced by the words" of the armed forces or
Security Corps ".
3. in § 5 para. 1 (b)):
"(b)), the machinery, equipment, investment projects, technology, programming
facilities, technical documentation or instructions made, modified,
equipped, designed or modified for military use, in particular
for the development, manufacture, inspection and testing other products, their parts
and spare parts referred to in point (a)). ".
4. In article 5, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
5. § 5 para. 2, the words "paragraphs 1 and 2 shall be replaced by" paragraph
1. "
6. in paragraph 5 of the text at the end of paragraph 3, the words "on the basis of the
The common list of military goods of the European Union ".
7. in paragraph 6 of the paragraphs 2 and 3 shall be added:
"(2) a permit issued by the Ministry of industry and trade (hereinafter referred to as
"the Ministry") on the basis of binding opinions of the authorities concerned,
which are the
and the Ministry of Foreign Affairs) in terms of foreign policy
the interests of the United States, compliance with the obligations arising for the Czech
Republic of international treaties, as well as from the Czech Republic's membership in the
international organizations,
(b)), the Ministry of the Interior in terms of public policy, security and
protection of the population,
(c) the Ministry of defence) in terms of securing the defense of the United States.
(3) a binding opinion the authority concerned referred to in paragraph 2 within the time limit
20 days from receipt of a copy of the application; binding opinion must
contain the approval or disapproval of the authority concerned with the issuance of the authorization. ".
8. In article 7 (2). 1 (b). and the word ")" shall be replaced by the word "capital",
the word "consists of" shall be replaced by the word "made up" and at the end of the text of the letter
shall be added the words ", with the exception of deposits from foreign residents
or resident in a Member State of the European Union ".
9. In paragraph 7 (2). 1 (b). (b)), paragraphs 2 and 3, the words "Czech Republic"
shall be replaced by "Member State of the European Union".
10. in article 7, paragraph 3 is deleted.
11. in § 9 para. 1 (b). and the word "name)" is replaced by "company or
the name ".
12. in § 9 para. 1 (b)):
"(b)) the name or name, surname, residence and social security number of the members of
the statutory body of the legal person and the authorized agents, if the Attorney
granted, with an indication of the way in which they are acting on its behalf, as well as the name,
where appropriate, the name, surname, permanent residence, and social security number of the members of the supervisory
the Council, if it is established; for citizens of another Member State of the European Union
the name, or names, surnames, date of birth, and other information,
which are eligible the person unequivocally identify ".
13. in § 9 para. 1 (b). e), the words "§ 5 para. 4 "shall be replaced by ' paragraph 5
paragraph. 3. "
14. in section 9, paragraph 2, including footnote No 3:
"(2) an application for a permit shall be accompanied by the
and the Treaty or Charter) regarding the establishment or establishment of the legal person
the notary's registration or contract or Charter with the officially verified
the signatures of the founders or the founders, if a legal entity is not yet
registered in the commercial register,
(b) the relevant documents in the case), that the information referred to in the request differs from the
the data entered in the commercial register,
c) certificate of prerequisite for the performance of certain functions in the
State bodies and organizations under a special legal regulation ^ 3),
(d) proof of safety) natural persons for the performance of sensitive
the activities of the State or of a natural person for the classification of confidential or
higher, issued pursuant to a special Act 2a), u ^ members of the statutory
body of a legal person, proxy, if a power of attorney granted and members
the Supervisory Board, if established.
3) § 4 paragraph 2. 1 Act No. 451/1991 Coll. ".
15. in article 9, paragraphs 3 and 4 shall be deleted.
The present paragraph 5 shall become paragraph 3.
16. in paragraph 10 (a). and the word "name)" is replaced by "company or
the name ".
17. in paragraph 10 (b)):
"(b)) the definition of military equipment that is the subject of trade".
18. In paragraph 10 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) a legal person which has been granted a permit, is required in writing
announce and demonstrate the change of each Ministry, the data contained in the request
on the issue of a permit or the documents attached to the application, no later than
within 30 days of the date on which the change occurred. ".
19. in paragraph 11 (1) 1 the words "foreign political, business or
security interests of the United Kingdom "are replaced by the words" foreign
political or commercial interests of the United States or public
order, security and protection of the population ".
20. In paragraph 11 (1) 2, the words "and for one year" shall be replaced by
"or" and "or" are inserted after the word "from".
21. in section 12a paragraph 1. 1, after the words "the security of the United States"
the words ", or going on to help the other States" and the words "and
If the other party is another State "shall be deleted.
22. in section 12a paragraph 1. 2 (a). (b)), after the words "the name of" words ",
where applicable, names ".
23. in § 13 para. 1 (b). (d)), paragraph 4, after the words "violated" the words
"seriously," and at the end of the text the words "shall be added to point or
Regulation of the European Union, the law of the Member State of the European Union,
or renowned international treaty that Czech Republic is bound,
If regulating trading or dealing with military material. "
24. In § 13 para. 1 (b). (d)), paragraph 5 shall be deleted.
25. In section 14 paragraphs 1 and 2 shall be added:
"(1) a legal person which has been granted a permit under this Act;
It is entitled to a particular trade with military material carried out on
basis, to the extent and under the conditions specified in the licence.
(2) a legal person shall request the grant of a license for each contract, the
the subject is trade with military material according to § 2 (2). 1 or 2;
trade with military material according to § 2 (2). 3 you can perform without
the license ".
26. in article 14, paragraph 2, the following paragraph 3 is added:
"(3) in the case of trade in military material, whose foreign contracting
partners have their registered office in a Member State of the European Union, which is
defined in the application, you can apply for a grant of a license only for this country,
even if the end users are located, and to the ultimate use of military
the material occurs in any Member State of the European Union. For a list of
military goods may be subject to such a licence, shall lay down the
the implementing regulation. ".
The former paragraph 3 shall become paragraph 4.
27. in § 14 para. 4, the words "§ 15 para. 2 (a). (d)) and § 16 para. 2 (a).
(b)) "shall be replaced by the words" § 15 para. 3 (b). (d)) and § 16 para. 3 (b). (b)) ".
28. sections 15 and 16, including the footnote 3a shall be added:
"§ 15
(1) a request for the grant of a license shall submit to the Ministry of legal person
that was allowed to make trade with military material (hereinafter referred to as
"the applicant").
(2) an application for the granting of a licence pursuant to § 14 para. 2 shall be submitted after
a written expression of will of the foreign contractual partner, made for
the purpose of the conclusion of the agreement in the area of trade in specific species and
the amount of military equipment. In the case of the entry of the applicant to the
international public tender, the applicant may submit an application for the grant of
the license after a design contest notice or when prompted to submit
menu in the framework of a public competition.
(3) an application for the granting of a licence pursuant to § 14 para. 2 must contain
and the business name or name) and address of the applicant,
(b) the identification number of the applicant)
(c)) the business name or name and address, or the name or names,
last name and place of business of the foreign contractual partner, or
domestic contractor,
(d) the authorisation number) to conduct trade in military material,
(e)), a number, or an item or subitem of the combined nomenclature
customs tariff ^ 3a)
(f) the materiel under the name) list of military material and its
significant quantities of military equipment under section 20 on registration
or production numbers, if assigned,
(g) the proposed period of validity),
(h) the name of the State)
1. from which the military is to be imported, in the case of importation
for the end user in the territory of the Czech Republic,
2. from which the military is to be imported, and the name of the State in
whose territory is the ultimate user of the military material, in the case of
his arrival in the territory of the Czech Republic and the subsequent export, or
3. in whose territory is situated the end user in the case of export
military goods,
4. in which there is to be military equipment purchased, and also the name of a State in
whose territory is the ultimate user of the military material in the case
that this will not be imported to the territory of the Czech Republic,
I) purpose foreign trade with military material, indicating the
information, whether it is a business within the meaning of section 2 (2). 2,
j) bid or contract price per unit of quantity of the military
material in CZK and total price in CZK
k) the business name or name and address, or the name or names,
last name and business address of the end user,
l) geographical name and coordinates of the imposition of military material
limited international treaty on the territory of the United States before export
or, if the subject of the Treaty the military material relevant in
the meaning of section 20 (2). 4.
(4) an application for the granting of a licence pursuant to § 14 para. 3 must contain the
and the business name or name) and address of the applicant,
(b) the identification number of the applicant)
(c) the authorisation number) to conduct trade in military material,
d) number, or an item or subitem of the combined nomenclature
customs tariff,
(e) the name of the military material by) the military list
(f) the proposed period of validity),
(g)) the name of the State or States of which it is intended to be imported or to which it has
be exported military material,
(h)) the name of the European Union Member State in whose territory the place of
final use of military equipment, business name or the name and
registered office, or the name or names, last name and place of business
the final user in the Member State of the European Union.
(5) an application for the granting of a licence pursuant to § 14 para. 2 must be accompanied by the
and the proposal for the conclusion of the contract) or any contract entered into with the fact that these
the documents must contain the exact specification of military equipment including
putting its quantity,
(b) proof of the final use),
(c) other particulars identifying the military) of the material, if it is
necessary for the proper examination of the application.
(6) proof of the final use referred to in paragraph 5 (b). (b)) may not be earlier
than 12 months and must include
and the name of the State), in whose territory the place of final use
military goods,
(b) the name of the authority) issued
c) business name or the name and registered office of the applicant,
(d)) business name or name and address, or the name or names,
last name and business address of the end user,
(e)) the exact description of military equipment, in particular its quantity,
the characteristics and value
f) release date,
g) antireexportní clause
h) the name or name, last name and the stamp and signature of the authorised
representative of the authority which issued the document,
I) information about the final use of military equipment.
(7) the Patterns of applications for the grant of a license shall lay down the implementing regulation.
section 16 of the
(1) the Ministry shall decide on the application for the grant of a license within 60 days
from the date of its delivery on the basis of binding opinions
and the Ministry of Foreign Affairs) in terms of foreign policy
the interests of the United States, and compliance with the international obligations of the United
States, in particular the obligations arising from the renowned international
the contracts, which the Czech Republic is bound, and from the membership of the Czech Republic
in international organizations,
(b) the Ministry of the Interior) in terms of public policy, security and
protection of the population,
(c)) the Ministry of defence in terms of ensuring the defence of the Czech Republic,
When it comes to significant military equipment under section 20.
(2) a binding opinion referred to in paragraph 1 shall issue the authority concerned within 20
days from receipt of a copy of the application; in particularly complex cases, and on the
by written agreement of the ministries, this time limit reasonably
extended. Binding opinion must include the approval or disapproval
of the authority concerned. The mandatory opinion of the Ministry of Foreign Affairs
referred to in paragraph 1 (b). and there is no need was) where an application for a licence
According to § 14 para. 3.
(3) the decision on the granting of a licence pursuant to § 14 para. 2 includes
and the business name or name), registered office and identification number of the applicant,
(b) the authorisation number) to conduct trade in military material,
(c)), a number, or an item or subitem of the combined nomenclature
customs tariff,
(d) the name of the military equipment and) its quantity,
(e)) the total cost of military equipment in CZK,
f) trade name or name and address, or the name or names,
last name and place of business of the foreign contractual partner and the final
military users
(g) the period of validity of licence)
(h) any other terms of the license).
(4) the decision on the granting of a licence pursuant to § 14 para. 3 includes
and the business name or name), registered office and identification number of the applicant,
(b) the authorisation number) to conduct trade in military material,
(c) the name of the military goods)
(d) the date and place of issue) and the period of validity of the licence,
(e) any other terms of the license).
(5) the decision shall define the place for records of the Customs authorities on the use of
the licence granted.
3A) Council Regulation (EEC) No 2658/87 of 23 July. July 1987 on the tariff and
statistical nomenclature and on the common customs tariff, as amended by
Commission Regulation (EC) no 2031/2001 of 6 December 2001. August 2001. ".
Footnote # 3a is referred to as a footnote
No 3b, and including a reference to a footnote.
29. in § 17 paragraph 2. 1 the words "calendar quarter, and in the case of
usage in the last calendar quarter shall be sent to the Ministry in this
date a copy of the licence, if the records of the Customs authorities ' shall be replaced by
the words "first and second calendar half-year. Information is given in the
the scope of the implementing regulation '.
30. In § 17 paragraph 2. 2 the word "promptly" be replaced by "within 15 days".
31. in section 18 (b)):
"(b)), the applicant has violated provisions of this serious breach of law or
Regulation of the European Union, the law of the Member State of the European Union
or renowned international treaty that Czech Republic is bound,
If regulating trading or dealing with military material,
or ".
32. In section 18 (a). (c)), the words "foreign political, business or
security interests of the United Kingdom "are replaced by the words" foreign
political or commercial interests of the Czech Republic or the protection of
the public order, security and protection of the population ".
33. In § 19 para. 1 (b). (b)), the words "foreign political or
security interests of the United Kingdom "are replaced by the words" foreign
the political interests of the United States or the protection of public order,
safety and protection of the population ".
34. Section 23a is added to Section 23b to 23e, which including the following title:
"Ensure military material
Section 23b
(1) the Customs Office can provide military material, if it can be reasonably
assume that the military material was used or intended for committing the
the administrative offense or was the administrative tort was obtained or acquired for
Another thing the administrative tort obtained.
(2) the Customs Office in ensuring the military material referred to in paragraph 1
progresses so that the rights of third parties was not limited to the above what was necessary to
fulfill the purpose of hedging.
section 23 c
(1) the Office shall issue a decision regarding the securing of military material.
Appeal does not have suspensory effect.
(2) in the decision to provide military equipment shall state the grounds for the
that is the military ensures, and further stating that the decision on the
ensure military material has the effect of decision of guarantee for the fulfillment of
obligations pursuant to § 147 paragraph. 6 of the code of administrative procedure, if it is not paid
the fine.
(3) where appropriate, the Customs Office in the decision referred to in paragraph 2
provide that the military leaves the person who owns it
or hold; While this person may not use military material, convert
to another person, or otherwise dispose of.
Section 23d
(1) the person to whom it was delivered to the decision to ensure the military
the material is required to this military material, the Customs Office of issue
If the Customs Office does not flow under section 23 c of paragraph 1. 3.
(2) if the secured military material to the call issued by the Customs Office,
the Office of the military withdraw to the person who has it.
(3) for the issue or withdrawal of a secured military material shall be
the official record, which shall contain a description of the military material. Person,
that the military has released or that the military was withdrawn, the
the Customs Office shall issue a certificate of release or the withdrawal of military equipment.
Section 23e
If it is not secured military material for further proceedings and no longer need to
does not come into consideration of its forfeiture or prevents administrative
offense, or the sale or other disposal of, returns to the person who was
secured. ".
35. section 24 including the footnotes 5 and 5a is added:
"§ 24
(1) the Ministry shall be entitled to request information from all State authorities
for persons engaged in trade with military material or on persons
applying for a permit to this trade, as well as on their business
When it relates to trade in military material.
The provision of such information is governed by special legal regulations ^ 5).
(2) the Ministry without undue delay, provide
and) the authorities concerned under this Act
1. the data referred to in the request for authorization or the grant of a license,
2. the information referred to in the final decision to grant or to refuse a
the authorization,
3. the information referred to in the final decision on the refusal of a licence or of a
withdrawal of the licence,
4. information on the termination of the authorization, except in the case referred to in section 13 of the
paragraph. 1 (b). (c)),
(b)) the Directorate-General of customs duties
1. the data referred to in the final decision to grant or to refuse a
the authorization,
2. the information referred to in the final decision on the grant of the licence and the
withdrawal of the licence,
3. information on the termination of the authorization, except in the case referred to in section 13 of the
paragraph. 1 (b). (c)),
(c) the Ministry of defence in addition to data) and the information referred to in point (a))
whether or not data relating to inspections with significant trade in military material and
information about the supervision or to ensure military material under section 23 to
23e,
(d)) of the Office for testing Czech weapons and ammunition issued
licences in cases where the subject of the foreign trade products
subject to verification by a special legal regulation ^ 5a).
5) for example, Act No. 153/1994 Coll., on the Czech intelligence service
Republic, as amended.
5A) Act No 156/2000, on the validation of firearms, ammunition and
pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire
weapons and ammunition (the Firearms Act), as amended by Act No.
13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by
amended, as amended. ".
36. under section 24, the following marking a new part five, including its
Title:
"PART FIVE
ADMINISTRATIVE OFFENCES ".
The present part of the fifth to seventh are referred to as part of sixth to eighth.
37. section 25 to 27, including the following titles:
"§ 25
Administrative offences of legal persons
(1) a legal person commits an administrative offense by trading with
military material without a permit under section 6 (1). 1 or a licence under the
§ 14 para. 1.
(2) a legal person applying for a licence, is guilty of an administrative
tort by
in a) provide a request for authorization under section 9 paragraph 1. 1 incorrect or
incomplete information, which is necessary for the issue of permits, or
(b) the supporting documents shall be documented by) § 9 para. 2 illegally altered or
counterfeit.
(3) a legal person which has been granted a permit, is guilty of an administrative
tort by
and does not notify the Ministry submits or) change according to § 10 para. 2, or
(b) amend the data in the authorization).
(4) a legal entity that has been issued a permit and asking for the grant
licence, is guilty of an administrative offense, by
and shall state in the request) the granting of a licence pursuant to § 3 para. 3 or 4
incorrect or incomplete information, which is necessary for the grant of a license,
or
(b) the supporting documents shall be documented) pursuant to § 15 para. 5 tampered or
counterfeit.
(5) a legal person which has been granted a licence, is guilty of an administrative
tort by
and fails to comply with information requirements) regarding use of the licence pursuant to § 17 para. 1,
(b) amend the information in the license), including records of the Customs authorities, or
(c) fails to comply with the obligation to return the original) licence pursuant to § 17 para. 2 or
information obligation according to § 17 para. 3.
(6) an administrative offense shall be fined
and the $ 50 000 000), in the case of an administrative offence referred to in paragraph 1,
(b)) to 15 000 000 CZK in the case of an administrative offence under paragraph 5 (b). and)
or (b)),
(c)) to 5 000 000 CZK in the case of an administrative offence under paragraphs 2, 3, 4 or
in accordance with paragraph 5 (b). (c)).
section 26
The confiscation of military material
(1) the confiscation of military material can be stored separately or together
with a fine, if the military belongs to the legal entity that is
committed an administrative offense, and military equipment was
and) for committing an administrative offense taken or intended, or
(b) an administrative crime obtained or) was acquired as a matter of administrative tort
obtained.
(2) confiscation of military material cannot be saved if its
the value of out of proportion to the nature of the administrative offense.
(3) the owner of a sunken military material becomes a State.
section 27 of the
Prevents military material
(1) If for the administrative offence saved the forfeiture of military equipment
pursuant to section 26, to decide that such military material occupies
If
and legal entity) belongs, that cannot be considered an administrative offence,
or
(b)) does not belong to the legal entity, which is an administrative offense committed, or
It does not belong in full,
and if it takes the safety of persons or property or another General
interest.
(2) decide to prevent military material cannot be, if its
the value of out of proportion to the nature of the administrative offense or if the hearing
having the characters of the administrative offense 6 years have elapsed.
(3) the owner of the seized military material becomes State. ".
38. under section 27 shall be added to § 27a, which including the title reads as follows:
"§ 27a
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the penalties to a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 4 years from the date on which it
learned, but not later than 10 years from the day when it was committed.
(4) administrative offences pursuant to § 25 para. 1 to 4 and in accordance with § 25 para. 5 (b).
a) and (c)) in the first instance dealt with the Ministry and administrative offences according to the
§ 25 para. 5 (b). (b)) in the first instance dealt with the Customs Office.
(5) the authority which levied the fine is imposed. Income is income from fines
the State budget ".
39. section 30 reads:
"section 30
If the opinion of the authorities concerned in accordance with § 6 and 16, as well as information
granted on the basis of § 24, contain classified information ^ 2a),
keep the parts of the file in which the information is contained,
separately outside the file. ".
40. under section 30, the following new section 30a is inserted:
"section 30a
(1) in any legal proceedings on the basis of an action against a decision
issued pursuant to this Act to the taking of evidence to be performed
the entire obligation of professional secrecy on classified information
contained in the opinions of the institutions concerned provided pursuant to section 6 and
16, as well as the information provided on the basis of section 24. To these
circumstances can be accomplished only if the evidence of the witness if he was the one who
obligation of secrecy, this obligation has the competent authority absolved;
waive the confidentiality cannot be when could endanger the
or serious disruption of the activities of the intelligence services or the police of the Czech
Republic; mutatis mutandis in cases where the evidence is performed by
other than the interrogation.
(2) the Authority which provided the information, identifies the circumstances referred to in paragraph
1, which argues that in relation to them, you cannot waive confidentiality, and
President of the Chamber decides that the parts of the file to which these circumstances
weighs in, they should be separated, if it could otherwise be compromised or
serious disruption of the activities of the intelligence services or the police of the Czech
Republic. ".
41. In § 31 para. 1 the words "employees of the central bodies of the State
management, referred to in section 6 (1). 2 this Act "shall be replaced by
"Employees and members of the prison service to administrative authorities
referred to in § 24 para. 2 ", after the words" these bodies "are the words
"or their service to these authorities has lapsed" and the word "Minister"
shall be replaced by the words "the head of the administrative authority referred to in the first sentence".
42. In § 31 para. 2 the words "employees of the central bodies of the State
management referred to in § 6 (1). 2 "shall be replaced by the words" employees and
members of the prison service to administrative authorities referred to in section 24
paragraph. 2 ", the word" immediately "shall be deleted and the word" worker "
the words "or of the staff regulations".
43. In § 33 para. 1 the words "§ 5 para. 4, § 9 para. 5, § 15 para. 4 "
replaced by the words "§ 5 para. 3, § 9 para. 3, § 14 para. 3, article 15, paragraph 2. 7,
§ 17 para. 1. "
44. In article 33, paragraph 2 shall be deleted at the same time, the designation shall be deleted;
of paragraph 1.
Article. (II)
Transitional provision
The procedure for the issue of permits or licences, initiated before the date of
entry into force of this law shall be completed in accordance with Act No 38/1994 Coll.
in the version in force until the date of entry into force of this Act.
Article. (III)
The effectiveness of the
This Act shall take effect on the first day of the third calendar month
following the date of its publication.
Vaidya in the r.
Klaus r.
Fischer v. r.