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The Law On The Administration Of Foreign Trade, As Well As Monitoring And Protection Measures In A Number Of Cases, The

Original Language Title: Laki ulkomaankaupan hallinnosta sekä tarkkailu- ja suojatoimenpiteistä eräissä tapauksissa

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Law on the management of foreign trade and on surveillance and safeguard measures in some cases

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In accordance with the decision of the Parliament:

ARTICLE 1
Scope

Taking into account obligations arising from international agreements which are binding on Finland in the European Union and Finland, foreign trade may be monitored and protective measures taken and managed according to the provisions of this Act.

ARTICLE 2
Definitions

For the purposes of this law:

(1) External trade Trade between Finland and other countries;

(2) Surveillance Enhanced surveillance of external trade;

(3) Protective measures Regulation of foreign trade by means of quantitative restrictions, basic price or countervailing charges;

(4) Basic price Representative import or export price for a product intended to prevent the disturbances referred to in Article 4; and

(5) Countervailing charge A charge or a tax to prevent the disturbances referred to in Article 4.

ARTICLE 3
Surveillance

Foreign trade may be monitored if there is reason to suspect that imports or exports of a product cause or may cause injury in any sector of the economy or disturbance in the market.

§ 4
Safeguard measures

Safeguard measures may be taken in the event of serious disturbances which cause or may cause permanent damage in any sector of the economy, or difficulties which lead or may lead to a significant deterioration of the economic situation In a particular area.

In addition to the provisions laid down in paragraph 1, safeguard measures may be applied if trade between Finland and the other Member States of the European Union causes serious disturbance in the Finnish market in the agricultural sector.

The imposition, recovery, appeal and amendment of the countervailing charge shall be, unless otherwise provided for in this Act, where applicable, the customs duties imposed or imposed.

§ 5
Competent authorities

The authorities responsible for regulating foreign trade are the Ministry of Foreign Affairs, the Ministry of Trade and Industry, the Ministry of Agriculture and Forestry and the Customs Government.

ARTICLE 6
Closure of monitoring and safeguard measures

The introduction of surveillance and safeguard measures is laid down by a regulation. The introduction of safeguard measures may be accompanied by a guarantee procedure.

§ 7 (12/01999/1253)
Notification to Parliament

Provisions and provisions adopted pursuant to this law, which are to be adopted in accordance with the Constitution, shall be notified without delay to the President of the Parliament. He shall bring them to the attention of the Parliament immediately or, if the Parliament is not assembled, as soon as it has met. If the Parliament so decides, the provisions referred to above shall be repealed.

§ 8
Obligation to provide information

The authorities referred to in Article 5 and the tax authorities shall be entitled, without prejudice to the confidentiality provisions otherwise, to obtain from each other importers and exporters, as well as information on imported and exported goods, Which the authorities need in their supervisory role. This information may be disclosed to the European Union's supervisory authorities.

The importer, the exporter and any other person holding the information necessary for the control of imports or exports shall be required to issue to the authorities referred to in paragraph 1 for their accounts, correspondence and other controls Necessary information.

The persons appointed by the supervisory authorities shall be entitled, when carrying out checks on compliance with import and export conditions, to inspect the premises of importers and exporters at the premises of importers and exporters, as well as the manufacture of export goods and importers and Exporters' accounts and correspondence. If the inspection is carried out by the inspected observer, the necessary assistance and assistance shall be made available to the inspector.

Information obtained or otherwise obtained pursuant to this Article shall not be misused or free of charge.

§ 9
Penalty provision

The penalty for infringement of the regulatory and regulatory provisions adopted by the authority under this law and its attempt shall be Chapter 46, Section 1-3 § § Articles 8 to 13 of the same Chapter shall be provided for in the same chapter.

The penalty for the unlawful avoidance of the countervailing charge and its attempt to Chapter 29, Section 1-3 § §

Any breach of the obligation to provide information provided for in Article 8 or by virtue of this law or fails to comply with the obligation laid down in Article 8 to provide assistance in the delivery of inspections or otherwise in breach of this law or of provisions adopted pursuant to it shall: Condemn On the foreign trade offence Fine.

Any failure to comply with the obligation to declare or any other obligation under the customs legislation related to the countervailing charge shall: On the countervailing charge Fine. The countervailing charge shall apply mutatis mutandis to the customs violation of customs duties (1466/94) Provides.

ARTICLE 10
Waiver of measures

The authority responsible for the regulation of foreign trade may not take measures to prosecute the suspect, when it is harmful and, in view of the guilt of the offender as a whole, it is estimated that: And the general interest does not require prosecution.

ARTICLE 11
Specifications and provisions

More detailed provisions on the implementation of this law may be adopted by a regulation.

The authorities referred to in Article 5 shall provide, where appropriate, more detailed provisions on the application of regulations and decisions relating to the regulation of external trade of the European Communities, as well as the implementation of the regulations adopted pursuant to Article 6.

ARTICLE 12
Entry into force

This Act shall enter into force at the time laid down by the Regulation.

This Act repeals the Law of 15 February 1974 on the protection of the country's external trade and economic growth (157/70) Articles 1 to 3, 4 to 6, 8 and 9, Article 8, as defined by the Law of 24 August 1990 (827/90) .

Before the law enters into force, action can be taken to implement it.

THEY 301/94 , TaVM 42/94

Entry into force and application of amending acts:

23.12.1999/12531:

This Act shall enter into force on 1 March 2000.

THEY 148/1999 , EV 103/1999,